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Articles 961 - 990 of 1816
Full-Text Articles in Constitutional Law
Cutter And The Preferred Position Of The Free Exercise Clause, Steven Goldberg
Cutter And The Preferred Position Of The Free Exercise Clause, Steven Goldberg
William & Mary Bill of Rights Journal
No abstract provided.
Speech And The Self-Governance Value, Brian C. Murchison
Speech And The Self-Governance Value, Brian C. Murchison
William & Mary Bill of Rights Journal
No abstract provided.
A Clearing In The Forest: Infusing The Labor Union Dues Dispute With First Amendment Values, Harry G. Hutchinson
A Clearing In The Forest: Infusing The Labor Union Dues Dispute With First Amendment Values, Harry G. Hutchinson
William & Mary Bill of Rights Journal
This article deploys public choice theory and postmodem identity claims to develop a far-reaching understanding of the union dues dispute, which suggests that the burden of proof on the existence of and/or the possibility of an enduring union community should be placed on proponents of this view. While the postmodern project can be seen as an unsettled approach that is riven by coherency issues, not the least, its insistence on offering the good without the true, it supplies modest benefits by revealing the conceivably infinite varieties of human preferences in contemporary America. The absence of preference convergence, understood from the …
Sexuality And Sovereignty: The Global Limits And Possibilities Of A Lawrence, Sonia K. Katyal
Sexuality And Sovereignty: The Global Limits And Possibilities Of A Lawrence, Sonia K. Katyal
William & Mary Bill of Rights Journal
No abstract provided.
The Backlash Thesis And Same-Sex Massiage: Learning From Brown V. Board Of Education And Its Aftermath, Carlos A. Ball
The Backlash Thesis And Same-Sex Massiage: Learning From Brown V. Board Of Education And Its Aftermath, Carlos A. Ball
William & Mary Bill of Rights Journal
No abstract provided.
Property, Place, And Public Discourse, Timothy Zick
Property, Place, And Public Discourse, Timothy Zick
Faculty Publications
No abstract provided.
Foreword: Disabling Brown, Michael Ashley Stein
Foreword: Disabling Brown, Michael Ashley Stein
William & Mary Bill of Rights Journal
No abstract provided.
Justice O'Connor And The "Right To Die": Constitutional Promises Unfulfilled, Michael P. Allen
Justice O'Connor And The "Right To Die": Constitutional Promises Unfulfilled, Michael P. Allen
William & Mary Bill of Rights Journal
No abstract provided.
Is Economic Exclusion A Legitimate State Interest? Four Recent Cases Test The Boundaries, Timothy Sandefur
Is Economic Exclusion A Legitimate State Interest? Four Recent Cases Test The Boundaries, Timothy Sandefur
William & Mary Bill of Rights Journal
No abstract provided.
The Year Of Leaking Dangerously: Shadowy Sources, Jailed Journalists And The Uncertain Future Of The Federal Journalist's Privilege., Anthony L. Fargo
The Year Of Leaking Dangerously: Shadowy Sources, Jailed Journalists And The Uncertain Future Of The Federal Journalist's Privilege., Anthony L. Fargo
William & Mary Bill of Rights Journal
No abstract provided.
Use Of The Drug Pavulon In Lethal Injections: Cruel And Unusual, Casey Lynne Ewart
Use Of The Drug Pavulon In Lethal Injections: Cruel And Unusual, Casey Lynne Ewart
William & Mary Bill of Rights Journal
No abstract provided.
St. George Tucker And The Legacy Of Slavery, Michael Kent Curtis
St. George Tucker And The Legacy Of Slavery, Michael Kent Curtis
William & Mary Law Review
No abstract provided.
Transforming Society Through Law: St. George Tucker, Women's Property Rights And An Active Republican Judiciary, Mark Douglas Mcgarvie
Transforming Society Through Law: St. George Tucker, Women's Property Rights And An Active Republican Judiciary, Mark Douglas Mcgarvie
William & Mary Law Review
No abstract provided.
"Tucker's Rule": St. George Tucker And The Limited Construction Of Federal Power, Kurt T. Lash
"Tucker's Rule": St. George Tucker And The Limited Construction Of Federal Power, Kurt T. Lash
William & Mary Law Review
No abstract provided.
The Dragon St. George Could Not Slay: Tucker's Plan To End Slavery, Paul Finkelman
The Dragon St. George Could Not Slay: Tucker's Plan To End Slavery, Paul Finkelman
William & Mary Law Review
No abstract provided.
St. George Tucker And The Limits Of States' Rights Constitutionalism: Understanding The Federal Compact In The Early Republic, David Thomas Konig
St. George Tucker And The Limits Of States' Rights Constitutionalism: Understanding The Federal Compact In The Early Republic, David Thomas Konig
William & Mary Law Review
No abstract provided.
Should The Supreme Court Fear Congress?, Neal Devins
Should The Supreme Court Fear Congress?, Neal Devins
Faculty Publications
No abstract provided.
Jurisdiction And The Internet: Returning To Traditional Principles To Analyze Network-Mediated Contacts, A. Benjamin Spencer
Jurisdiction And The Internet: Returning To Traditional Principles To Analyze Network-Mediated Contacts, A. Benjamin Spencer
Faculty Publications
Courts have been evaluating the issue of personal jurisdiction based on Internet or "network-mediated" contacts for some time. The U.S. Supreme Court has remained silent on this issue, permitting the federal appeals courts to develop standards for determining when personal jurisdiction based on network-mediated contacts is appropriate. Unfortunately, the circuit approaches-which emphasize a Web site's "interactivity" and "target audience" -are flawed because they are premised on an outdated view of Internet activity as uncontrollably ubiquitous. This view has led courts to depart from traditional jurisdictional analysis and impose elevated and misguided jurisdictional standards. This article argues that courts should reinstitute …
Coercion And Choice Under The Establishment Clause, Cynthia V. Ward
Coercion And Choice Under The Establishment Clause, Cynthia V. Ward
Faculty Publications
In recent Establishment Clause cases the Supreme Court has found nondenominational, state-sponsored prayers unconstitutionally "coercive" -although attendance at the events featuring the prayer was not required by the state; religious dissenters were free to choose not to say the challenged prayers; and dissenters who so chose, or who chose not to attend the events, suffered no state-enforced sanction. Part I of this Article lays out the historical background that gave rise to the coercion test, traces the development of that test in the Court's case law, and isolates the core elements in the vision of coercion that animates the test. …
The Constitution And Congressional Committees, 1971-2000, Keith E. Whittington, Neal Devins, Hutch Hicken
The Constitution And Congressional Committees, 1971-2000, Keith E. Whittington, Neal Devins, Hutch Hicken
Faculty Publications
No abstract provided.
Constitutional Thematics And The Peculiar Federal Marriage Amendment, Scott Dodson
Constitutional Thematics And The Peculiar Federal Marriage Amendment, Scott Dodson
Faculty Publications
These symposium remarks are a discussion of themes running through the Constitution, how the FMA, if adopted, might affect those themes, and why we ought to care. I first demonstrate that our Constitution is a thematic document, filled with broad, recognizable, and (mostly) coherent concepts. Separation of powers, representative democracy, federalism, individual liberty, and equality come readily to mind. I then explain that the thematic nature and the inter-coherence of these themes is critical in two ways: to identify those values held to be fundamental in our society, and to assist in the interpretation of the Constitution. The themes in …
Space, Place, And Speech: The Expressive Topography, Timothy Zick
Space, Place, And Speech: The Expressive Topography, Timothy Zick
Faculty Publications
No abstract provided.
Speech And Spatial Tactics, Timothy Zick
The Market For Legal Education And Freedom Of Association: Why The "Solomon Amendment" Is Constitutional And Law Schools Are Not Expressive Associations, Andrew P. Morriss
The Market For Legal Education And Freedom Of Association: Why The "Solomon Amendment" Is Constitutional And Law Schools Are Not Expressive Associations, Andrew P. Morriss
William & Mary Bill of Rights Journal
This term the Supreme Court will confront the constitutionality of the Solomon Amendment, which mandates equal access for military recruiters at universities that accept federal funding. The Third Circuit previously held the statute unconstitutional. This Article argues that the Court should reverse and uphold the statute because the lower court failed to consider the cartelized nature of legal education and so assumed that law schools are "expressive associations" entitled to assert First Amendment claims; the court also failed to give proper deference to Congress's exercise of its Article I power to raise and support armies and over-valued law faculties' interest …
Turning A Government Search Into A Permanent Power: Thornton V. United States And The "Progressive Distortion" Of Search Incident To Arrest, George M. Dery Iii, Michael J. Hernandez
Turning A Government Search Into A Permanent Power: Thornton V. United States And The "Progressive Distortion" Of Search Incident To Arrest, George M. Dery Iii, Michael J. Hernandez
William & Mary Bill of Rights Journal
No abstract provided.
Cleaning Up The Eighth Amendment Mess, Tom Stacy
Cleaning Up The Eighth Amendment Mess, Tom Stacy
William & Mary Bill of Rights Journal
This article criticizes the Court's interpretation of the Eighth Amendment's Cruel and Unusual Punishment Clause and offers its own understanding. The Court's jurisprudence is plagued by deep inconsistencies concerning the Amendment's text, the Court's own role, and a constitutional requirement of proportionate punishment. In search of ways to redress these fundamental shortcomings, the article explores three alternative interpretations of the Clause: (1) a textualist approach; (2) Justice Scalia's understanding that the Clause forbids only punishments unacceptable for all offenses; and (3) a majoritarian approach that would consistently define cruel and unusual punishment in terms of legislative judgments and penal custom. …
"So Long As Our System Shall Exist": Myth, History, And The New Federalism, Paul D. Moreno
"So Long As Our System Shall Exist": Myth, History, And The New Federalism, Paul D. Moreno
William & Mary Bill of Rights Journal
This article provides the broad historical context necessary to understand contemporary developments in federalism doctrine. It shows that dual federalism has a long and varied history and that federalism is a content-neutral principle to which both sides in major political contests have appealed. It seeks to show that the predominant perspective on federalism today - that it is an inherently conservative principle - is the result of historical misperception. This article reinterprets the history of American federalism in light of recent historical scholarship concerning various periods: principally the country's founding; slavery, the Civil War, and Reconstruction; the late nineteenth-century social …
Up Against The Wall Of Separation: The Question Of American Religious Democracy, Bruce Ledewitz
Up Against The Wall Of Separation: The Question Of American Religious Democracy, Bruce Ledewitz
William & Mary Bill of Rights Journal
No abstract provided.
A Convenient Blanket Of Secrecy: The Oft-Cited But Nonexistent Housekeeping Privilege, William Bradley Russell Jr.
A Convenient Blanket Of Secrecy: The Oft-Cited But Nonexistent Housekeeping Privilege, William Bradley Russell Jr.
William & Mary Bill of Rights Journal
No abstract provided.
Banging On The Backdoor Draft: The Constitutional Validity Of Stop-Loss In The Military, Evan M. Wooten
Banging On The Backdoor Draft: The Constitutional Validity Of Stop-Loss In The Military, Evan M. Wooten
William & Mary Law Review
No abstract provided.