Law and Politics Commons^™

Lawmakers As Lawbreakers, Ittai Bar-Siman-Tov

William & Mary Law Review

How would Congress act in a world without judicial review? Can
lawmakers be trusted to police themselves? This Article examines
Congress’s capacity and incentives to enforce upon itself “the law of
congressional lawmaking”—a largely overlooked body of law that is
completely insulated from judicial enforcement. The Article explores
the political safeguards that may motivate lawmakers to engage in
self-policing and rule-following behavior. It identifies the major
political safeguards that can be garnered from the relevant legal,
political science, political economy, and social psychology scholarship,
and evaluates each safeguard by drawing on a combination of
theoretical, empirical, and descriptive studies about …

Immature Citizens And The State, Vivian E. Hamilton

Faculty Publications

Citizens are born, but they are also made. How its citizens come to be—whether the educations they receive will expand or constrain their future options, whether the values they assimilate will encourage or dissuade their civic engagement, etc.—fundamentally concerns the state. Through the power it wields over a vast range of policymaking contexts, the state can significantly influence (or designate those who will influence) many of the formative experiences of young citizens. Young citizens’ accumulated experiences in turn can significantly influence the future mature citizens they will become. The state insufficiently considers the cumulative nature of its citizens’ development, however. …

The Legal Debate Over The Senate's Rules: A Dialogue, Aaron-Andrew P. Bruhl

Popular Media

No abstract provided.

The Hidden Legacy Of Holy Trinity Church: The Unique National Institution Canon, Anita S. Krishnakumar

William & Mary Law Review

This Article explores an underappreciated legacy of the Supreme Court’s (in)famous decision in Church of the Holy Trinity v. United States. Although Holy Trinity has been much discussed in the academic literature and in judicial opinions, the discussion thus far has focused almost exclusively on the first half of the Court’s opinion—which declares that the “spirit” of a statute should trump its “letter”—and relies on legislative history to help divine that spirit. Scholars and jurists have paid little, if any, attention to the opinion’s lengthy second half. In that second half, the Court tells a detailed narrative about the country’s …

From Hillary Clinton To Lady Macbeth: Or, Historicizing Gender, Law, And Power Through Shakespeare's Scottish Play, Carla Spivack

William & Mary Journal of Race, Gender, and Social Justice

Female rule was anomalous in the sixteenth century, therefore, Elizabeth I developed a complex set of symbols, rooted in claims traditionally made by male rulers, to legitimate her claim to rule. Nonetheless, her reign was anxiety-provoking, and this article argues that the years after her death saw a backlash against female power. Part of this backlash consisted of the reworking of the symbols Elizabeth had used. This article examines this process of revision in Shakespeare's play Macbeth and, later, in the responses of King James I to claims of demonic possession.

This article draws together three historical moments - Queen …

Politique Partisane Et Indépendence Judiciare, Neal Devins

Faculty Publications

No abstract provided.

How Congress Paved The Way For The Rehnquist Court's Federalism Revival: Lessons From The Federal Partial Birth Abortion Ban, Neal Devins

Faculty Publications

No abstract provided.

If The Judicial Confirmation Process Is Broken, Can A Statute Fix It?, Aaron-Andrew P. Bruhl

Faculty Publications

No abstract provided.

Anti-Federalist Procedure, A. Benjamin Spencer

Faculty Publications

"[T]he new federal government will ... be disinclined to invade the rights of the individual States, or the prerogatives of their governments."

"[T]he Constitution of the United States ... recognizes and preserves the autonomy and independence of the States-independence in their legislative and independence in their judicial departments. . . . Any interference with either, except as [constitutionally] permitted, is an invasion of the authority of the State and, to that extent, a denial of its independence."

The understanding expressed by these opening quotes-that the national government was designed to be one of limited powers that would refrain from encroaching …

Madam Secretary, Drury Stevenson

William & Mary Journal of Race, Gender, and Social Justice

No abstract provided.

Preparing For 2006: A Constitutional Argument For Closing The 527 Soft Money Loophole, Jeffrey P. Geiger

William & Mary Law Review

No abstract provided.

The Constitutionality Of The Filibuster, Michael J. Gerhardt

Faculty Publications

No abstract provided.

Honorable Service, Alan J. Meese

Popular Media

No abstract provided.

Norm Theory And The Future Of The Federal Appointments Process, Michael J. Gerhardt

Faculty Publications

No abstract provided.

Hypocrites And Barking Harlots: The Clinton-Lewinsky Affair And The Attack On Women, Christina R. Wells

William & Mary Journal of Race, Gender, and Social Justice

Given the status of the participants, the nature of the scandal, the potential political ramifications, and the melee accompanying the recently-released Independent Counsel's report, the unrelenting media coverage of the Clinton-Lewinsky affair is unsurprising. Wallowing in the libidinous transgressions of this country's most powerful leader would prove almost irresistible to a citizenry practically obsessed with sex. Of course, this coverage has provided the President's critics with an unending platform from which to call, depending upon their point of view, for his (a) apology, (b) resignation, or (c) impeachment. Many of the President's detractors, however, have not limited their criticism to …

Legislative Heart And Phase Transitions: An Exploratory Study Of Congress And Minority Interests, Vincent Di Lorenzo

William & Mary Law Review

No abstract provided.

On Difference And Equality, Cynthia V. Ward

Faculty Publications

No abstract provided.

Book Review Of Law And Politics: A Cross-Cultural Encyclopedia, James S. Heller

Library Staff Publications

No abstract provided.

Section 3: Town Meeting: The Supreme Court And The Contract With America -- What Role For The Court In Changing Political Times?, Institute Of Bill Of Rights Law, William & Mary Law School

Supreme Court Preview

No abstract provided.

The Confirmation Mystery, Michael J. Gerhardt

Faculty Publications

No abstract provided.

Section 1: Moot Court: Bryant V. Hill, Institute Of Bill Of Rights Law, William & Mary Law School

Supreme Court Preview

No abstract provided.

Section 9: The Court And Politics, Institute Of Bill Of Rights Law, William & Mary Law School

Supreme Court Preview

No abstract provided.

The Question's Not Clear, But Party Government Is Not The Answer, Erwin Chemerinsky

William & Mary Law Review

No abstract provided.

Diminished Luster In Escambia County?, Neal Devins

Faculty Publications

No abstract provided.

A Political And Constitutional Review Of United States V. Nixon, William W. Van Alstyne

Faculty Publications

No abstract provided.

Communicated, N. Beverley Tucker

Faculty Publications

No abstract provided.

For The United States Telegraph, N. Beverley Tucker

Faculty Publications

No abstract provided.

Communicated, N. Beverley Tucker

Faculty Publications

No abstract provided.

Communicated, N. Beverley Tucker

Faculty Publications

No abstract provided.

No. V, N. Beverley Tucker

Faculty Publications

No abstract provided.