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Constitutional Law Commons™

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William & Mary Law School

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Articles 901 - 930 of 1816

Full-Text Articles in Constitutional Law

Signing Statements: Constitutional And Practical Limits, Louis Fisher Oct 2007

Signing Statements: Constitutional And Practical Limits, Louis Fisher

William & Mary Bill of Rights Journal

No abstract provided.


Signing Statements As Declaratory Judgments: The President As Judge, Phillip J. Cooper Oct 2007

Signing Statements As Declaratory Judgments: The President As Judge, Phillip J. Cooper

William & Mary Bill of Rights Journal

No abstract provided.


The Unconstitutionality Of "Signing And Not-Enforcing", Michael B. Rappaport Oct 2007

The Unconstitutionality Of "Signing And Not-Enforcing", Michael B. Rappaport

William & Mary Bill of Rights Journal

No abstract provided.


Getting To Plan B: A History Of Contraceptive Rights In The United States And An Argument For A Private Right Of Action Against The Fda, Michele Slachetka Oct 2007

Getting To Plan B: A History Of Contraceptive Rights In The United States And An Argument For A Private Right Of Action Against The Fda, Michele Slachetka

William & Mary Bill of Rights Journal

No abstract provided.


Challenging Political Boundaries In Post-Conflict States, Angela M. Banks Oct 2007

Challenging Political Boundaries In Post-Conflict States, Angela M. Banks

Faculty Publications

No abstract provided.


Religious V. Secular Ideologies And Sex Education: A Response To Professors Cahn And Carbone, Vivian E. Hamilton Oct 2007

Religious V. Secular Ideologies And Sex Education: A Response To Professors Cahn And Carbone, Vivian E. Hamilton

Faculty Publications

No abstract provided.


Signing Statements And Divided Government, Neal Devins Oct 2007

Signing Statements And Divided Government, Neal Devins

William & Mary Bill of Rights Journal

No abstract provided.


Second Class Citizen Soldiers: A Proposal For Greater First Amendment Protections For America's Military Personnel, Emily Reuter Oct 2007

Second Class Citizen Soldiers: A Proposal For Greater First Amendment Protections For America's Military Personnel, Emily Reuter

William & Mary Bill of Rights Journal

No abstract provided.


“Facebook In The Flesh”, Timothy Zick Sep 2007

“Facebook In The Flesh”, Timothy Zick

Popular Media

No abstract provided.


Section 4: Individual Rights, Institute Of Bill Of Rights Law, William & Mary Law School Sep 2007

Section 4: Individual Rights, Institute Of Bill Of Rights Law, William & Mary Law School

Supreme Court Preview

No abstract provided.


The People Out Of Doors — In Trees, Timothy Zick Sep 2007

The People Out Of Doors — In Trees, Timothy Zick

Popular Media

No abstract provided.


Constitutional Displacement, Timothy Zick Sep 2007

Constitutional Displacement, Timothy Zick

Popular Media

No abstract provided.


A Constitutional Conundrum Of Second Amendment Commas, William W. Van Alstyne Jul 2007

A Constitutional Conundrum Of Second Amendment Commas, William W. Van Alstyne

Faculty Publications

Prompted by the court’s decision in Parker v. District of Columbia, this series of correspondence discusses the effect possible forms of punctuation may have on the Second Amendment. The article makes comments on the important grammars during the founding and also two possible writings of the Second Amendment that contain different sets of punctuation.


Federalism And The Tug Of War Within: Seeking Checks And Balance In The Interjurisdictional Gray Area, Erin Ryan Jul 2007

Federalism And The Tug Of War Within: Seeking Checks And Balance In The Interjurisdictional Gray Area, Erin Ryan

Faculty Publications

Federalism and the Tug of War Within explores tensions that arise among the underlying values of federalism when state or federal actors regulate within the "interjurisdictional gray area" that implicates both local and national concerns. Drawing examples from the failed response to Hurricane Katrina and other interjurisdictional problems to illustrate this conflict, the Article demonstrates how the trajectory set by the New Federalism's "strict-separationist" model of dual sovereignty inhibits effective governance in these contexts. In addition to the anti-tyranny, pro-accountability, and localism-protective values of federalism, the Article identifies a problem-solving value inherent in the capacity requirement of American federalism's subsidiarity …


Can We Make The Constitution More Democratic?, Ilya Somin, Neal Devins Jul 2007

Can We Make The Constitution More Democratic?, Ilya Somin, Neal Devins

Faculty Publications

No abstract provided.


Public Employee Speech Rights Fall Prey To An Emerging Doctrinal Formalism, Charles W. "Rocky" Rhodes Apr 2007

Public Employee Speech Rights Fall Prey To An Emerging Doctrinal Formalism, Charles W. "Rocky" Rhodes

William & Mary Bill of Rights Journal

No abstract provided.


A Well-Regulated Militia: The Founding Fathers And The Origin Of Gun Control In America, David T. Hardy Apr 2007

A Well-Regulated Militia: The Founding Fathers And The Origin Of Gun Control In America, David T. Hardy

William & Mary Bill of Rights Journal

No abstract provided.


The "Benefits" Of Non-Delegation: Using The Non-Delegation Doctrine To Bring More Rigor To Benefit-Cost Analysis, Victor B. Flatt Apr 2007

The "Benefits" Of Non-Delegation: Using The Non-Delegation Doctrine To Bring More Rigor To Benefit-Cost Analysis, Victor B. Flatt

William & Mary Bill of Rights Journal

No abstract provided.


If At First You Don't Succeed, Sign An Executive Order: President Bush And The Expansion Of Charitable Choice, Michele Estrin Gilman Apr 2007

If At First You Don't Succeed, Sign An Executive Order: President Bush And The Expansion Of Charitable Choice, Michele Estrin Gilman

William & Mary Bill of Rights Journal

This Article analyzes whether President Bush's charitable choice executive orders, which permit religious organizations to apply for federal funds to deliver social services, are a permissible exercise of presidential power. Although Congress has enacted charitable choice provisions in some major statutes, including a 1996 welfare reform act, it debated but did not extend charitable choice throughout the entire federal human services bureaucracy, as the President's executive orders do. The core question this Article examines is whether President Bush's charitable choice executive orders constitute permissible gap-filling of ambiguous statutes under the Chevron doctrine or impermissible exercises of executive lawmaking under Youngstown …


Prior Restraint And Censorship: Acknowledged Occupational Hazards For Government Scientists, Todd Stedeford Apr 2007

Prior Restraint And Censorship: Acknowledged Occupational Hazards For Government Scientists, Todd Stedeford

William & Mary Environmental Law and Policy Review

No abstract provided.


Law's Limited Domain Confronts Morality's Universal Empire, Larry Alexander, Frederick Schauer Apr 2007

Law's Limited Domain Confronts Morality's Universal Empire, Larry Alexander, Frederick Schauer

William & Mary Law Review

No abstract provided.


Against Mix-And-Match Lawmaking, Aaron-Andrew P. Bruhl Apr 2007

Against Mix-And-Match Lawmaking, Aaron-Andrew P. Bruhl

Faculty Publications

No abstract provided.


How Congress Paved The Way For The Rehnquist Court's Federalism Revival: Lessons From The Federal Partial Birth Abortion Ban, Neal Devins Apr 2007

How Congress Paved The Way For The Rehnquist Court's Federalism Revival: Lessons From The Federal Partial Birth Abortion Ban, Neal Devins

Faculty Publications

No abstract provided.


Introductory Remarks: The Relationship Of Law And Morality In Repect To Constitutional Law, William W. Van Alstyne Apr 2007

Introductory Remarks: The Relationship Of Law And Morality In Repect To Constitutional Law, William W. Van Alstyne

William & Mary Law Review

No abstract provided.


Active Sovereignty, Timothy Zick Apr 2007

Active Sovereignty, Timothy Zick

Faculty Publications

No abstract provided.


Political Judging: When Due Process Goes International, Montré D. Carodine Mar 2007

Political Judging: When Due Process Goes International, Montré D. Carodine

William & Mary Law Review

The Supreme Court's recent reliance on foreign precedent to interpret the Constitution sparked a firestorm of criticism and spawned a rich debate regarding the extent to which U.S. courts should defer to foreign law when developing U.S. constitutional norms. This Article looks at a subset of the issue of deference to foreign law and international influences in judicial decision making: the extent to which our courts should apply American notions of due process in determining whether to recognize and enforce judgments obtained abroad. Courts reviewing foreign judgments to determine whether they areworthy of recognition have created an "international due process"analysis. …


Recognizing The Grey: Toward A New View Of The Law Governing Digital Music Sampling Informed By The First Amendment, William Y. Durbin Feb 2007

Recognizing The Grey: Toward A New View Of The Law Governing Digital Music Sampling Informed By The First Amendment, William Y. Durbin

William & Mary Bill of Rights Journal

No abstract provided.


Stop Restricting Speech And Educate The Public: A Review Of The Aba's Proposed Campaign Activity Canon Of The Model Code Of Judicial Conduct, Tiffany L. Carwile Feb 2007

Stop Restricting Speech And Educate The Public: A Review Of The Aba's Proposed Campaign Activity Canon Of The Model Code Of Judicial Conduct, Tiffany L. Carwile

William & Mary Bill of Rights Journal

No abstract provided.


Saving Massiah From Elstad: The Admissibility Of Successive Confessions Following A Deprivation Of Counsel, James K. Tomkovicz Feb 2007

Saving Massiah From Elstad: The Admissibility Of Successive Confessions Following A Deprivation Of Counsel, James K. Tomkovicz

William & Mary Bill of Rights Journal

No abstract provided.


An International Human Right To Keep And Bear Arms, Christopher J. Schmidt Feb 2007

An International Human Right To Keep And Bear Arms, Christopher J. Schmidt

William & Mary Bill of Rights Journal

No abstract provided.