Open Access. Powered by Scholars. Published by Universities.®
- Discipline
-
- First Amendment (107)
- Fourteenth Amendment (32)
- Fourth Amendment (31)
- Supreme Court of the United States (28)
- Social and Behavioral Sciences (19)
-
- Civil Procedure (16)
- Civil Rights and Discrimination (14)
- Courts (13)
- Criminal Procedure (11)
- Political Science (11)
- International Law (10)
- Antitrust and Trade Regulation (8)
- Military, War, and Peace (7)
- State and Local Government Law (7)
- American Politics (6)
- Election Law (6)
- Criminal Law (5)
- Education Law (5)
- Legal History (5)
- Second Amendment (5)
- Comparative and Foreign Law (4)
- Judges (4)
- Jurisdiction (4)
- Law and Society (4)
- Legal Ethics and Professional Responsibility (4)
- Evidence (3)
- Family Law (3)
- Labor and Employment Law (3)
- Keyword
-
- Constitutional Law (86)
- United States Constitution 1st Amendment (61)
- Constitutional Interpretation (58)
- Freedom of Speech (48)
- Separation of Powers (41)
-
- Federalism (35)
- Church and State (32)
- Cutler Lecture (30)
- United States Constitution 14th Amendment (29)
- Freedom of Religion (26)
- Constitutional History (25)
- Due Process of Law (23)
- United States Supreme Court (22)
- Legislative Power (18)
- Libel and Slander (16)
- Judicial Power (15)
- United States Constitution (15)
- City of Boerne v. Flores (117 S. Ct. 2157 (1997)) (14)
- Freedom of Information (14)
- Juries (14)
- Reflections on City of Boerne v. Flores Symposium (14)
- Religious Freedom Restoration Act of 1993 (14)
- United States Constitution 4th Amendment (14)
- Law (13)
- Searches and Seizures (13)
- Book Reviews (12)
- Freedom of the Press (12)
- Judicial Process (12)
- United States (12)
- W&M Emeriti (12)
- Publication Year
Articles 211 - 240 of 576
Full-Text Articles in Constitutional Law
"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.
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.
Storming The Castle To Save The Children: The Ironic Costs Of A Child Welfare Exception To The Fourth Amendment, Doriane Lambelet Coleman
Storming The Castle To Save The Children: The Ironic Costs Of A Child Welfare Exception To The Fourth Amendment, Doriane Lambelet Coleman
William & Mary Law Review
No abstract provided.
Sex, Politics, And Morality, Edward L. Rubin
Sex, Politics, And Morality, Edward L. Rubin
William & Mary Law Review
No abstract provided.
Making Federalism Doctrine: Fidelity, Institutional Competence, And Compensating Adjustments, Ernest A. Young
Making Federalism Doctrine: Fidelity, Institutional Competence, And Compensating Adjustments, Ernest A. Young
William & Mary Law Review
No abstract provided.
Whose Constitution Is It? Why Federalism And Constitutional Positivism Don't Mix, James A. Gardner
Whose Constitution Is It? Why Federalism And Constitutional Positivism Don't Mix, James A. Gardner
William & Mary Law Review
No abstract provided.
Foreword: The New Frontier Of State Constitutional Law, James A. Gardner, Jim Rossi
Foreword: The New Frontier Of State Constitutional Law, James A. Gardner, Jim Rossi
William & Mary Law Review
No abstract provided.
Bridging The Enforcement Gap In Constitutional Law: A Critique Of The Supreme Court's Theory That Self-Restraint Promotes Federalism, Robert J. Pushaw Jr.
Bridging The Enforcement Gap In Constitutional Law: A Critique Of The Supreme Court's Theory That Self-Restraint Promotes Federalism, Robert J. Pushaw Jr.
William & Mary Law Review
No abstract provided.
Dual Constitutions And Constitutional Duels: Separation Of Powers And State Implementation Of Federally Inspired Regulatory Programs And Standards, Jim Rossi
William & Mary Law Review
Frequently, state-wide executive agencies and localities attempt to implement federally inspired programs. Two predominant examples are cooperative federalism programs and incorporation of federal standards in state-specific law. Federally inspired programs can bump into state constitutional restrictions on the allocation of powers, especially in states whose constitutional systems embrace stronger prohibitions on legislative delegation than the weak restrictions at the federal level, where national goals and standards are made.
This Article addresses this tension between dual federal/state normative accounts of the constitutional allocation of powers in state implementation of federally inspired programs. To the extent the predominant ways of resolving the …
Cool Federalism And The Life-Cycle Of Moral Progress, Lawrence G. Sager
Cool Federalism And The Life-Cycle Of Moral Progress, Lawrence G. Sager
William & Mary Law Review
No abstract provided.
In A Federal Case, Is The State Constitution Something Important Or Just Another Piece Of Paper?, Randall T. Shepard
In A Federal Case, Is The State Constitution Something Important Or Just Another Piece Of Paper?, Randall T. Shepard
William & Mary Law Review
No abstract provided.
Interjurisdictional Enforcement Of Rights In A Post-Erie World, Robert A. Schapiro
Interjurisdictional Enforcement Of Rights In A Post-Erie World, Robert A. Schapiro
William & Mary Law Review
No abstract provided.
State Courts Adopting Federal Constitutional Doctrine: Case-By-Case Adoptionism Or Prospective Lockstepping?, Robert F. Williams
State Courts Adopting Federal Constitutional Doctrine: Case-By-Case Adoptionism Or Prospective Lockstepping?, Robert F. Williams
William & Mary Law Review
No abstract provided.
The State And The Federal Courts In Governance: Vive La Difference!, Hans A. Linde
The State And The Federal Courts In Governance: Vive La Difference!, Hans A. Linde
William & Mary Law Review
No abstract provided.
Weighing In On The Wine Wars: What The European Union Can Teach Us About The Direct Shipment Controversy, Jonathan W. Garlough
Weighing In On The Wine Wars: What The European Union Can Teach Us About The Direct Shipment Controversy, Jonathan W. Garlough
William & Mary Law Review
No abstract provided.
Collateral Damage: The Endangered Center In American Politics, Samuel Issacharoff
Collateral Damage: The Endangered Center In American Politics, Samuel Issacharoff
William & Mary Law Review
No abstract provided.
Statehood As The New Personhood: The Discovery Of Fundamental "States' Rights", Timothy Zick
Statehood As The New Personhood: The Discovery Of Fundamental "States' Rights", Timothy Zick
William & Mary Law Review
No abstract provided.
"Power Over This Unfortunate Race": Race, Politics And Indian Law In United States V. Rogers, Bethany R. Berger
"Power Over This Unfortunate Race": Race, Politics And Indian Law In United States V. Rogers, Bethany R. Berger
William & Mary Law Review
"[F]rom the very moment the general government came into existence to this time, it has exercised its power over this unfortunate race in the spirit of humanity and justice, and has endeavoured by every means in its power to enlighten their minds and increase their comforts, and to save them if possible from the consequences of their own vices."
In 1846, in United States v. Rogers, the Supreme Court blithely announced the above vision of the history of Indian-United States relations. The first part of the quote describes Indian people as a race and an inferior one; the second part …
Regulatory Takings And The Original Understanding Of The Takings Clause, Matthew P. Harrington
Regulatory Takings And The Original Understanding Of The Takings Clause, Matthew P. Harrington
William & Mary Law Review
No abstract provided.
The Futile Quest For Racial Neutrality In Capital Selection And The Eight Amendment Argument For Abolition Based On Unconscious Racial Discrimination, Scott W. Howe
William & Mary Law Review
No abstract provided.
Cross Burning, Cockfighting, And Symbolic Meaning: Toward A First Amendment Ethnography, Timothy Zick
Cross Burning, Cockfighting, And Symbolic Meaning: Toward A First Amendment Ethnography, Timothy Zick
William & Mary Law Review
No abstract provided.
Connecting The Dots: Grutter, School Desegregation, And Federalism, Wendy Parker
Connecting The Dots: Grutter, School Desegregation, And Federalism, Wendy Parker
William & Mary Law Review
No abstract provided.
Voter Knowledge And Constitutional Change: Assessing The New Deal Experience, Ilya Somin
Voter Knowledge And Constitutional Change: Assessing The New Deal Experience, Ilya Somin
William & Mary Law Review
No abstract provided.
"Critical Stage": Extending The Right To Counsel To The Motion For New Trial Phase, Jonathan G. Neal
"Critical Stage": Extending The Right To Counsel To The Motion For New Trial Phase, Jonathan G. Neal
William & Mary Law Review
No abstract provided.
Establishment And Disestablishment At The Founding, Part I: Establishment Of Religion, Michael W. Mcconnell
Establishment And Disestablishment At The Founding, Part I: Establishment Of Religion, Michael W. Mcconnell
William & Mary Law Review
No abstract provided.
Regulating Political Parties Under A "Public Rights" First Amendment, Gregory P. Magarian
Regulating Political Parties Under A "Public Rights" First Amendment, Gregory P. Magarian
William & Mary Law Review
No abstract provided.
Treating The Pen And The Sword As Constitutional Equals: How And Why The Supreme Court Should Apply Its First Amendment Expertise To The Great Second Amendment Debate, David G. Browne
William & Mary Law Review
No abstract provided.
State Courts As Agents Of Federalism: Power And Interpretation In State Constitutional Law, James A. Gardner
State Courts As Agents Of Federalism: Power And Interpretation In State Constitutional Law, James A. Gardner
William & Mary Law Review
In the American constitutional tradition, federalism is commonly understood as a mechanism designed to institutionalize a kind of permanent struggle between state and national power. The same American constitutional tradition also holds that courts are basically passive institutions whose mission is to apply the law impartially while avoiding inherently political power struggles. These two commonplace understandings conflict on their face. The conflict may be dissolved for federal courts by conceiving their resistance to state authority as the impartial consequence of limitations on state power imposed by the United States Constitution. This reconciliation, however, is unavailable for state courts, which, by …