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- Publication Year
Articles 391 - 420 of 596
Full-Text Articles in Constitutional Law
Lest We Regress To The Dark Ages: Holding Voluntary Surgical Castration Cruel And Unusual, Even For Child Molesters, Catherine Rylyk
Lest We Regress To The Dark Ages: Holding Voluntary Surgical Castration Cruel And Unusual, Even For Child Molesters, Catherine Rylyk
William & Mary Bill of Rights Journal
No abstract provided.
Whither Sexual Orientation Analysis?: The Proper Methodology When Due Process And Equal Protection Intersect, Sharon E. Rush
Whither Sexual Orientation Analysis?: The Proper Methodology When Due Process And Equal Protection Intersect, Sharon E. Rush
William & Mary Bill of Rights Journal
This Article suggests that there is Proper Methodology that courts apply when reviewing cases at the intersection of due process and equal protection. Briefly, courts operate under a rule that heightened review applies if either a fundamental right or a suspect class is involved in a case, and that rational basis review applies if neither is involved (the "Rule"). Two primary exceptions to the Rule exist, and this Article identifies them as the "Logical" and "Ill Motives" Exceptions. The Logical Exception applies when a court need not apply heightened review because a law fails rational basis review. The Ill Motives …
Interpreting The Fourteenth Amendment: Two Don'ts And Three Dos, Garrett Epps
Interpreting The Fourteenth Amendment: Two Don'ts And Three Dos, Garrett Epps
William & Mary Bill of Rights Journal
A sophisticated reading of the legislative record of the framing of the Fourteenth Amendment can provide courts and scholars with some general interpretive principles to guide their application of the Amendment to current legal problems. The author argues that two common legal conceptions about the Amendment are, in fact, misconceptions. The first is that the Amendment was chiefly concerned with the immediate situation of freed slaves in the former slave states. Instead, he argues, the legislative record suggests that the framers were broadly concerned with the rights not only of freed slaves but also of foreign-born immigrants in the North …
Garcetti V. Ceballos: Stifling The First Amendment In The Public Workplace, Julie A. Wenell
Garcetti V. Ceballos: Stifling The First Amendment In The Public Workplace, Julie A. Wenell
William & Mary Bill of Rights Journal
No abstract provided.
Sense-Enhanced Searches And The Irrelevance Of The Fourth Amendment, David E. Steinberg
Sense-Enhanced Searches And The Irrelevance Of The Fourth Amendment, David E. Steinberg
William & Mary Bill of Rights Journal
No abstract provided.
Congressional Criminality And Balance Of Powers: Are Internal Filter Teams Really What Our Forefathers Envisioned?, Emily E. Eineman
Congressional Criminality And Balance Of Powers: Are Internal Filter Teams Really What Our Forefathers Envisioned?, Emily E. Eineman
William & Mary Bill of Rights Journal
No abstract provided.
The On/Off Switch, Philip Heymann
The On/Off Switch, Philip Heymann
William & Mary Bill of Rights Journal
No abstract provided.
Introduction: The Last Word? The Constitutional Implications Of Presidential Signing Statements, Charlie Savage
Introduction: The Last Word? The Constitutional Implications Of Presidential Signing Statements, Charlie Savage
William & Mary Bill of Rights Journal
No abstract provided.
Presidential Signing Statements In Perspective, Nelson Lund
Presidential Signing Statements In Perspective, Nelson Lund
William & Mary Bill of Rights Journal
No abstract provided.
The Presidential Signing Statements Controversy, Ronald A. Cass, Peter L. Strauss
The Presidential Signing Statements Controversy, Ronald A. Cass, Peter L. Strauss
William & Mary Bill of Rights Journal
No abstract provided.
The First Word, M. Elizabeth Magill
The First Word, M. Elizabeth Magill
William & Mary Bill of Rights Journal
No abstract provided.
Why The President Must Veto Unconstitutional Bills, Saikrishna B. Prakash
Why The President Must Veto Unconstitutional Bills, Saikrishna B. Prakash
William & Mary Bill of Rights Journal
No abstract provided.
Litigating Presidential Signing Statements, Michele Estrin Gilman
Litigating Presidential Signing Statements, Michele Estrin Gilman
William & Mary Bill of Rights Journal
No abstract provided.
Presidential Signing Statements And Congressional Oversight, A. Christopher Bryant
Presidential Signing Statements And Congressional Oversight, A. Christopher Bryant
William & Mary Bill of Rights Journal
No abstract provided.
Signing Statements And Statutory Interpretation In The Bush Administration, Neil Kinkopf
Signing Statements And Statutory Interpretation In The Bush Administration, Neil Kinkopf
William & Mary Bill of Rights Journal
No abstract provided.
Fee Shifting As A Congressional Response To Adventurous Presidential Signing Statements, Harold J. Krent
Fee Shifting As A Congressional Response To Adventurous Presidential Signing Statements, Harold J. Krent
William & Mary Bill of Rights Journal
No abstract provided.
Presidential Signing Statements And The Rule Of Law As An "Unstructured Institution", Peter M. Shane
Presidential Signing Statements And The Rule Of Law As An "Unstructured Institution", Peter M. Shane
William & Mary Bill of Rights Journal
No abstract provided.
A Matter Of Direction: The Reagan Administration, The Signing Statement, And The 1986 Westlaw Decision, Christopher S. Kelley
A Matter Of Direction: The Reagan Administration, The Signing Statement, And The 1986 Westlaw Decision, Christopher S. Kelley
William & Mary Bill of Rights Journal
No abstract provided.
Signing Statements: Constitutional And Practical Limits, Louis Fisher
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
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
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
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.
Signing Statements And Divided Government, Neal Devins
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
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.
Public Employee Speech Rights Fall Prey To An Emerging Doctrinal Formalism, Charles W. "Rocky" Rhodes
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
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
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
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 …
Recognizing The Grey: Toward A New View Of The Law Governing Digital Music Sampling Informed By The First Amendment, William Y. Durbin
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
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.