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Articles 121 - 150 of 366
Full-Text Articles in Constitutional Law
Road To Nowhere Or Jurisprudential U-Turn? The Intersection Of Punitive Damage Class Actions And The Due Process Clause, James M. Underwood
Road To Nowhere Or Jurisprudential U-Turn? The Intersection Of Punitive Damage Class Actions And The Due Process Clause, James M. Underwood
Washington and Lee Law Review
This Article analyzes the likely impact of recent Supreme Court jurisprudence applying substantive and procedural due process limits on punitive damage awards to class action punitive damage Lawsuits. In BMW v. Gore and State Farm v. Campbell the Supreme Court adopted a tripartite analysis to determine whether punitive damage awards were excessive under the Due Process Clause. Just last year in Philip Morris v. Williams the Court took a step further by imposing the additional 'procedural" limitation that requires trial courts to take steps to ensure that juries do not punish a tortfeasor through an award ofpunitive damages in one …
The Elephant In The Seventh Circuit: A Modified Approach To The Minimal Suspicion Standard, Gregory L. Schinner
The Elephant In The Seventh Circuit: A Modified Approach To The Minimal Suspicion Standard, Gregory L. Schinner
Washington and Lee Law Review
No abstract provided.
A Check On Faint-Hearted Presidents: Letters Of Marque And Reprisal, William Young
A Check On Faint-Hearted Presidents: Letters Of Marque And Reprisal, William Young
Washington and Lee Law Review
No abstract provided.
Is The Family A Federal Question?, Meredith Johnson Harbach
Is The Family A Federal Question?, Meredith Johnson Harbach
Washington and Lee Law Review
There has long been conflict over the relationship between the states and the federal system vis-i-vis the family. The traditional account of domestic relations describes family Law as the exclusive domain of the states, andfederal courts have credited this account in the "domestic relations exception." Although scholars have analyzed and critiqued the exception's applicability to diversity jurisdiction, the intersection offederal question jurisdiction and this exception remains largely unexplored. This Article describes and critiques, on both instrumental and deeper normative terms, federal courts' willingness to expand the "domestic relations exception" to include federal question cases. The Article proceeds in three parts. …
Designing Transparency: The 9/11 Commission And Institutional Form, Mark Fenster
Designing Transparency: The 9/11 Commission And Institutional Form, Mark Fenster
Washington and Lee Law Review
Surpassing the low expectations established by previous investigatory commissions and overcoming the political and legal obstacles created by the Bush administration's opposition to its creation, the 9/11 Commission accomplished what appeared to be the impossible: an authoritative investigation, a widely-read final report, and direct influence on significant legislation. This Article argues that the 9/11 Commission represents an important institutional model for encouraging orforcing the Executive Branch to disclose information about an especially significant and controversial past event or future decision. It suggests that Congress or the President consider establishing such commissions when information held by the Executive Branch can help …
Where's The Harm?: Free Speech And The Regulation Of Lies, Lyrissa Barnett Lidsky
Where's The Harm?: Free Speech And The Regulation Of Lies, Lyrissa Barnett Lidsky
Washington and Lee Law Review
No abstract provided.
The Underappreciated First Amendment Importance Of Lawrence V. Texas, Michael P. Allen
The Underappreciated First Amendment Importance Of Lawrence V. Texas, Michael P. Allen
Washington and Lee Law Review
No abstract provided.
The Religious Freedom Restoration Act And Smith: Dueling Levels Of Constitutional Scrutiny, Whitney Travis
The Religious Freedom Restoration Act And Smith: Dueling Levels Of Constitutional Scrutiny, Whitney Travis
Washington and Lee Law Review
No abstract provided.
Inadequate Checks And Balances: Critiquing The Imbalance Of Power In Arms Export Regulation, Charles L. Capito Iii
Inadequate Checks And Balances: Critiquing The Imbalance Of Power In Arms Export Regulation, Charles L. Capito Iii
Washington and Lee Law Review
No abstract provided.
The Constitution In A Postmodem Age, Calvin Massey
The Constitution In A Postmodem Age, Calvin Massey
Washington and Lee Law Review
No abstract provided.
Anti-Federalist Procedure, A. Benjamin Spencer
Anti-Federalist Procedure, A. Benjamin Spencer
Washington and Lee Law Review
No abstract provided.
What Does Granholm V. Heald Mean For The Future Of The Twenty-First Amendment, The Three-Tier System, And Efficient Alcohol Distribution?, Gregory E. Durkin
What Does Granholm V. Heald Mean For The Future Of The Twenty-First Amendment, The Three-Tier System, And Efficient Alcohol Distribution?, Gregory E. Durkin
Washington and Lee Law Review
No abstract provided.
Broadening Executive Power In The Wake Of Avena: An American Interpretation Of Pacta Sunt Servanda, Houston A. Stokes
Broadening Executive Power In The Wake Of Avena: An American Interpretation Of Pacta Sunt Servanda, Houston A. Stokes
Washington and Lee Law Review
No abstract provided.
The Collision Of The Takings And State Sovereign Immunity Doctrines, Eric Berger
The Collision Of The Takings And State Sovereign Immunity Doctrines, Eric Berger
Washington and Lee Law Review
No abstract provided.
Third Party Consent Searches And The Fourth Amendment: Refusal, Consent, And Reasonableness, Elizabeth A. Wright
Third Party Consent Searches And The Fourth Amendment: Refusal, Consent, And Reasonableness, Elizabeth A. Wright
Washington and Lee Law Review
No abstract provided.
Facing A Hobson's Choice? The Constitutionality Of The Epa's Administrative Compliance Order Enforcement Scheme Under The Clean Air Act, Christopher M. Wynn
Facing A Hobson's Choice? The Constitutionality Of The Epa's Administrative Compliance Order Enforcement Scheme Under The Clean Air Act, Christopher M. Wynn
Washington and Lee Law Review
No abstract provided.
Saving Section 5: Lessons From Consent Decrees And Ex Parte Young, Pratik A. Shah
Saving Section 5: Lessons From Consent Decrees And Ex Parte Young, Pratik A. Shah
Washington and Lee Law Review
No abstract provided.
Congress Gave And Congress Hath Taken Away:1 Jurisdiction Withdrawal And The Constitution, Travis Christopher Barham
Congress Gave And Congress Hath Taken Away:1 Jurisdiction Withdrawal And The Constitution, Travis Christopher Barham
Washington and Lee Law Review
No abstract provided.
From The Xyz Affair To The War On Terror: The Justiciability Of Time Of War, John M. Hagan
From The Xyz Affair To The War On Terror: The Justiciability Of Time Of War, John M. Hagan
Washington and Lee Law Review
No abstract provided.
Faith And Federalism: Do Charitable Choice Provisions Preempt State Nondiscrimination Employment Law?, Melissa Mcclellan
Faith And Federalism: Do Charitable Choice Provisions Preempt State Nondiscrimination Employment Law?, Melissa Mcclellan
Washington and Lee Law Review
No abstract provided.
Shakin' It To The Back Of The Bus: How Parks V. Laface Uses The Artistic Relevance Test To Adjudicate Artistic Content, Mitchell David Greggs
Shakin' It To The Back Of The Bus: How Parks V. Laface Uses The Artistic Relevance Test To Adjudicate Artistic Content, Mitchell David Greggs
Washington and Lee Law Review
No abstract provided.
Red Flagging Civil Liberties And Due Process Rights Of Airline Passengers: Will A Redesigned Capps Ii System Meet The Constitutional Challenge?, Leigh A. Kite
Washington and Lee Law Review
No abstract provided.
The Drafting Of A Constitution For The European Union: Europe's Madisonian Moment Or A Moment Of Madness?, Grainne De Burca
The Drafting Of A Constitution For The European Union: Europe's Madisonian Moment Or A Moment Of Madness?, Grainne De Burca
Washington and Lee Law Review
No abstract provided.
Lords Of Democracy: The Judicialization Of "Pure Politics" In The United States And Germany, Russell A. Miller
Lords Of Democracy: The Judicialization Of "Pure Politics" In The United States And Germany, Russell A. Miller
Washington and Lee Law Review
No abstract provided.
Restraint And Responsibility: Judicial Review Of Campaign Reform, Spencer Overton
Restraint And Responsibility: Judicial Review Of Campaign Reform, Spencer Overton
Washington and Lee Law Review
No abstract provided.
Behind The Shield? Law Enforcement Agencies And The Self-Critical Analysis Privilege, Josh Jones
Behind The Shield? Law Enforcement Agencies And The Self-Critical Analysis Privilege, Josh Jones
Washington and Lee Law Review
No abstract provided.
Campaign Finance Reform: Central Meaning And A New Approach, Mark C. Alexander
Campaign Finance Reform: Central Meaning And A New Approach, Mark C. Alexander
Washington and Lee Law Review
No abstract provided.
Patient Autonomy Versus Religious Freedom: Should State Legislatures Require Catholic Hospitals To Provide Emergency Contraception To Rape Victims?, Heather Rae Skeeles
Patient Autonomy Versus Religious Freedom: Should State Legislatures Require Catholic Hospitals To Provide Emergency Contraception To Rape Victims?, Heather Rae Skeeles
Washington and Lee Law Review
No abstract provided.
The Gun Control Debate: A Culture-Theory Manifesto, Dan M. Kahan
The Gun Control Debate: A Culture-Theory Manifesto, Dan M. Kahan
Washington and Lee Law Review
No abstract provided.
A Subversive Strand Of The Warren Court, Gary Peller
A Subversive Strand Of The Warren Court, Gary Peller
Washington and Lee Law Review
No abstract provided.