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Constitutional Law Commons™

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William & Mary Law Review

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Articles 241 - 270 of 576

Full-Text Articles in Constitutional Law

Procedural Justice: Tempering The State's Response To Domestic Violence, Deborah Epstein Apr 2002

Procedural Justice: Tempering The State's Response To Domestic Violence, Deborah Epstein

William & Mary Law Review

No abstract provided.


Yet Another Constitutional Crisis?, Keith E. Whittington Apr 2002

Yet Another Constitutional Crisis?, Keith E. Whittington

William & Mary Law Review

The recent presidential impeachment and the postelection controversy each led many to fear that the United States had either already entered or was about to enter a constitutional crisis. Such concerns seem overwrought. This Article will use those events as a foil for examining the nature of constitutional crises. The Article will distinguish two types of constitutional crises and consider several potential crises in American history, clarifying how crises occur and how they can be averted. Constitutional crises in the United States are rare in large part because of the robustness of the country's informal constitutional practices, reasonably good constitutional …


Easing The Spring: Strict Scrutiny And Affirmative Action After The Redistricting Cases, Pamela S. Karlan Mar 2002

Easing The Spring: Strict Scrutiny And Affirmative Action After The Redistricting Cases, Pamela S. Karlan

William & Mary Law Review

No abstract provided.


Judicial Review And Institutional Choice, Adrian Vermeule Mar 2002

Judicial Review And Institutional Choice, Adrian Vermeule

William & Mary Law Review

No abstract provided.


The Radical Possibility Of Limited Community-Based Interpretation Of The Constitution, Mark D. Rosen Feb 2002

The Radical Possibility Of Limited Community-Based Interpretation Of The Constitution, Mark D. Rosen

William & Mary Law Review

No abstract provided.


Preparing For The Clothed Public Square: Teaching About Religion, Civic Education, And The Constitution, Jay D. Wexler Feb 2002

Preparing For The Clothed Public Square: Teaching About Religion, Civic Education, And The Constitution, Jay D. Wexler

William & Mary Law Review

No abstract provided.


The Long Distance Remand: Florida V. Bostick And The Re-Awakened Bus Search Battlefront In The War On Drugs, Dennis J. Callahan Oct 2001

The Long Distance Remand: Florida V. Bostick And The Re-Awakened Bus Search Battlefront In The War On Drugs, Dennis J. Callahan

William & Mary Law Review

No abstract provided.


Structural Review, Pseudo-Second-Look Decision Making, And The Risk Of Diluting Constitutional Liberty, Dan T. Coenen May 2001

Structural Review, Pseudo-Second-Look Decision Making, And The Risk Of Diluting Constitutional Liberty, Dan T. Coenen

William & Mary Law Review

No abstract provided.


Subconsitutional Constitutional Law: Supplement, Sham, Or Substitute?, Mark Tushnet May 2001

Subconsitutional Constitutional Law: Supplement, Sham, Or Substitute?, Mark Tushnet

William & Mary Law Review

No abstract provided.


A Constitution Of Collaboration: Protecting Fundamental Values With Second-Look Rules Of Interbranch Dialogue, Dan T. Coenen May 2001

A Constitution Of Collaboration: Protecting Fundamental Values With Second-Look Rules Of Interbranch Dialogue, Dan T. Coenen

William & Mary Law Review

No abstract provided.


Moving The Baseline: The Contradiction At The Core Of Constitutional Discourse Over State Aid To Parochial Schools, Andrew Stark Apr 2001

Moving The Baseline: The Contradiction At The Core Of Constitutional Discourse Over State Aid To Parochial Schools, Andrew Stark

William & Mary Law Review

No abstract provided.


Religion And The First Amendment: Some Causes Of The Recent Confusion, Carl H. Esbeck Mar 2001

Religion And The First Amendment: Some Causes Of The Recent Confusion, Carl H. Esbeck

William & Mary Law Review

No abstract provided.


Free? Exercise, Marci A. Hamilton Mar 2001

Free? Exercise, Marci A. Hamilton

William & Mary Law Review

No abstract provided.


Accommodation And Equal Liberty, Lisa Schultz Bressman Mar 2001

Accommodation And Equal Liberty, Lisa Schultz Bressman

William & Mary Law Review

No abstract provided.


Government Messages And Government Money: Santa Fe, Mitchell V. Helms, And The Arc Of The Establishment Clause, Ira C. Lupu Mar 2001

Government Messages And Government Money: Santa Fe, Mitchell V. Helms, And The Arc Of The Establishment Clause, Ira C. Lupu

William & Mary Law Review

No abstract provided.


Social Meaning And School Vouchers, Neal Devins Mar 2001

Social Meaning And School Vouchers, Neal Devins

William & Mary Law Review

No abstract provided.


Wake Up And Smell The Contraband: Why Courts That Do Not Find Probable Cause Based On Odor Alone Are Wrong, Michael A. Sprow Oct 2000

Wake Up And Smell The Contraband: Why Courts That Do Not Find Probable Cause Based On Odor Alone Are Wrong, Michael A. Sprow

William & Mary Law Review

No abstract provided.


Federalism And Foreign Affairs: Congress's Power To "Define And Punish...Offenses Against The Law Of Nations", Beth Stephens Oct 2000

Federalism And Foreign Affairs: Congress's Power To "Define And Punish...Offenses Against The Law Of Nations", Beth Stephens

William & Mary Law Review

No abstract provided.


Alden V. Maine And The Jurisprudence Of Structure, Ernest A. Young May 2000

Alden V. Maine And The Jurisprudence Of Structure, Ernest A. Young

William & Mary Law Review

No abstract provided.


Forensic Constitutional Interpretation, Brian F. Havel Apr 2000

Forensic Constitutional Interpretation, Brian F. Havel

William & Mary Law Review

No abstract provided.


Recalibrating The Cost Of Harm Advocacy: Getting Beyond Brandenburg, S. Elizabeth Wilborn Malloy, Ronald J. Krotoszynski Jr. Apr 2000

Recalibrating The Cost Of Harm Advocacy: Getting Beyond Brandenburg, S. Elizabeth Wilborn Malloy, Ronald J. Krotoszynski Jr.

William & Mary Law Review

No abstract provided.


The People Made Me Do It: Can The People Of The States Instruct And Coerce Their State Legislatures In The Article V Constitutional Amendment Process?, Vikram David Amar Mar 2000

The People Made Me Do It: Can The People Of The States Instruct And Coerce Their State Legislatures In The Article V Constitutional Amendment Process?, Vikram David Amar

William & Mary Law Review

No abstract provided.


Introduction: Fidelity, Economic Liberty, And 1937, Editors Of The William And Mary Law Review Dec 1999

Introduction: Fidelity, Economic Liberty, And 1937, Editors Of The William And Mary Law Review

William & Mary Law Review

No abstract provided.


The Fragmented Liberty Clause, Rebecca L. Brown Dec 1999

The Fragmented Liberty Clause, Rebecca L. Brown

William & Mary Law Review

No abstract provided.


Lochner, Parity, And The Chinese Laundry Cases, David E. Bernstein Dec 1999

Lochner, Parity, And The Chinese Laundry Cases, David E. Bernstein

William & Mary Law Review

No abstract provided.


Lost Fidelities, Barry Cushman Dec 1999

Lost Fidelities, Barry Cushman

William & Mary Law Review

No abstract provided.


Will, Judgment, And Economic Liberty: Mr. Justice Souter And The Mistranslation Of The Due Process Clause, Alan J. Meese Dec 1999

Will, Judgment, And Economic Liberty: Mr. Justice Souter And The Mistranslation Of The Due Process Clause, Alan J. Meese

William & Mary Law Review

No abstract provided.


Fidelity, Basic Liberties, And The Specter Of Lochner, James E. Fleming Dec 1999

Fidelity, Basic Liberties, And The Specter Of Lochner, James E. Fleming

William & Mary Law Review

No abstract provided.


The Inevitable Infidelities Of Constitutional Translation: The Case Of The New Deal, John O. Mcginnis Dec 1999

The Inevitable Infidelities Of Constitutional Translation: The Case Of The New Deal, John O. Mcginnis

William & Mary Law Review

No abstract provided.


The Fiscal Powers And The 1930s: Entrenchment, John Harrison Dec 1999

The Fiscal Powers And The 1930s: Entrenchment, John Harrison

William & Mary Law Review

No abstract provided.