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Unstable Footing: Shelby County’S Misapplication Of The Equal Footing Doctrine, Austin Graham 2014 William & Mary Law School

Unstable Footing: Shelby County’S Misapplication Of The Equal Footing Doctrine, Austin Graham

William & Mary Bill of Rights Journal

No abstract provided.


Retained By The People: Federalism, The Ultimate Sovereign, And Natural Limits On Government Power, Stephanie Hall Barclay 2014 William & Mary Law School

Retained By The People: Federalism, The Ultimate Sovereign, And Natural Limits On Government Power, Stephanie Hall Barclay

William & Mary Bill of Rights Journal

Brewing tensions between state governments and the federal government have reached a boiling point unmatched since the civil rights debates of the 1960s. In light of the rapid expansion of federal power combined with colliding views on various policies, the call for states’ rights has increasingly become a rallying cry for lawmakers that has gained traction with groups on varying points along the political spectrum, as well as a frequent theory employed by the Supreme Court. While the system of federalism created by the Constitution certainly has its unique benefits, and while it is true that the federal government was …


"…Chosen By The People Of The Several States…": Statehood For The District Of Columbia, Larry Mirel, Joe Sternlieb 2014 William & Mary Law School

"…Chosen By The People Of The Several States…": Statehood For The District Of Columbia, Larry Mirel, Joe Sternlieb

William & Mary Bill of Rights Journal

No abstract provided.


The Right To Vote: Is The Amendment Game Worth The Candle?, Heather K. Gerken 2014 William & Mary Law School

The Right To Vote: Is The Amendment Game Worth The Candle?, Heather K. Gerken

William & Mary Bill of Rights Journal

No abstract provided.


Does The Supreme Court Ignore Standing Problems To Reach The Merits? Evidence (Or Lack Thereof) From The Roberts Court, Heather Elliott 2014 University of Alabama School of Law

Does The Supreme Court Ignore Standing Problems To Reach The Merits? Evidence (Or Lack Thereof) From The Roberts Court, Heather Elliott

William & Mary Bill of Rights Journal

No abstract provided.


The Quiet Army: Felon Firearm Rights Restoration In The Fourth Circuit, Robert Luther III 2014 William & Mary Law School

The Quiet Army: Felon Firearm Rights Restoration In The Fourth Circuit, Robert Luther Iii

William & Mary Bill of Rights Journal

Most states afford felons the opportunity to have their political disabilities removed or “rights restored” after they are released from incarceration. In every state within the jurisdiction of the U.S. Court of Appeals for the Fourth Circuit, save Virginia, a felon’s rights are partially restored automatically upon the completion of his sentence, parole, and probation. Absent a pardon, Virginia requires the felon to petition the Governor in writing through the Office of the Secretary of the Commonwealth in order to obtain a partial restoration of rights. One such right that may or may not be restored upon a state-convicted felon’s …


Governmental Sovereignty Actions, Ann Woolhandler 2014 William & Mary Law School

Governmental Sovereignty Actions, Ann Woolhandler

William & Mary Bill of Rights Journal

No abstract provided.


October 12, 2014: Why Judaism Is Dying, Bruce Ledewitz 2014 Duquesne University

October 12, 2014: Why Judaism Is Dying, Bruce Ledewitz

Hallowed Secularism

Blog post, “Why Judaism is Dying“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.


October 9, 2014: The War Over Islam, Bruce Ledewitz 2014 Duquesne University

October 9, 2014: The War Over Islam, Bruce Ledewitz

Hallowed Secularism

Blog post, “The War Over Islam“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.


Stop Draggin’ My Heart Around: The Supreme Court Is Harming People With Its Inscrutable Gay Marriage Actions, Sonja R. West, Dahlia Lithwick 2014 University of Georgia School of Law

Stop Draggin’ My Heart Around: The Supreme Court Is Harming People With Its Inscrutable Gay Marriage Actions, Sonja R. West, Dahlia Lithwick

Popular Media

The Supreme Court’s decision Monday (Oct. 5, 2014) to decline the appeals of decisions striking down same-sex marriage bans in five states was, to most court-watchers, a huge surprise. It was also a deeply strange move given the magnitude of the constitutional issue and the general confusion about what a non-decision actually means. While Monday’s denial of certiorari was not technically a decision on the merits, most supporters of same-sex marriage celebrated the move as part of the justices’ inexorable crawl toward marriage equality. And in Virginia, Oklahoma, Colorado, and other affected states, gay couples who have waited—in many cases …


Toward A Federal Constitutional Right To Employment, R. George Wright 2014 Seattle University School of Law

Toward A Federal Constitutional Right To Employment, R. George Wright

Seattle University Law Review

This Article outlines an argument for a federal constitutional right to employment. The Article begins by examining the harms and costs of involuntary long-term unemployment. It then discusses the historical contributions to our understanding of the value of work, before drawing on several well-established jurisprudential distinctions to explain why, and to justify initial optimism regarding a constitutional employment right.


License To Discriminate: How A Washington Florist Is Making The Case For Applying Intermediary Scrutiny To Sexual Orientation, Kendra LaCour 2014 Seattle University School of Law

License To Discriminate: How A Washington Florist Is Making The Case For Applying Intermediary Scrutiny To Sexual Orientation, Kendra Lacour

Seattle University Law Review

Over the past few decades, the debate over sexual orientation has risen to the forefront of civil rights issues. Though the focus has generally been on the right to marriage, peripheral issues associated with the right to marriage—and with sexual orientation generally—have become more common in recent years. As the number of states permitting same-sex marriage—along with states prohibiting discrimination on the basis of sexual orientation—increases, so too does the conflict between providers of public accommodations and those seeking their services. Never is this situation more problematic than when religious beliefs are cited as the basis for denying services to …


October 5, 2014: The Day After Yom Kippur, Bruce Ledewitz 2014 Duquesne University

October 5, 2014: The Day After Yom Kippur, Bruce Ledewitz

Hallowed Secularism

Blog post, “The Day after Yom Kippur“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.


Books Received, Georgia Journal of International and Comparative Law 2014 University of Georgia School of Law

Books Received, Georgia Journal Of International And Comparative Law

Georgia Journal of International & Comparative Law

No abstract provided.


October 3, 2014: Democracy Or Secularism, Bruce Ledewitz 2014 Duquesne University

October 3, 2014: Democracy Or Secularism, Bruce Ledewitz

Hallowed Secularism

Blog post, “Democracy or Secularism“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.


The Advisory Opinion On The Legality Of The Threat Or Use Of Nuclear Weapons, Stefaan Smis, Kim Van der Borght 2014 Vrije Universiteit Brussels

The Advisory Opinion On The Legality Of The Threat Or Use Of Nuclear Weapons, Stefaan Smis, Kim Van Der Borght

Georgia Journal of International & Comparative Law

No abstract provided.


The European Constitution, The Treaty Of Amsterdam, And The Search For Community, Ian Ward 2014 University of Newcastle upon Tyne

The European Constitution, The Treaty Of Amsterdam, And The Search For Community, Ian Ward

Georgia Journal of International & Comparative Law

No abstract provided.


Mining For Gold: The Constitutional Court Of South Africa's Experience With Comparative Constitutional Law, Ursula Bentele 2014 Brooklyn Law School

Mining For Gold: The Constitutional Court Of South Africa's Experience With Comparative Constitutional Law, Ursula Bentele

Georgia Journal of International & Comparative Law

No abstract provided.


The Failure And Future Of Lake Okeechobee Water Releases: A Quasi-Governmental Solution, Jacquelyn A. Thomas 2014 Florida State University College of Law

The Failure And Future Of Lake Okeechobee Water Releases: A Quasi-Governmental Solution, Jacquelyn A. Thomas

Florida State University Law Review

No abstract provided.


Partitioning And Rights: The Supreme Court's Accidental Jurisprudence Of Democratic Process, James A. Gardner 2014 SUNY Buffalo Law School

Partitioning And Rights: The Supreme Court's Accidental Jurisprudence Of Democratic Process, James A. Gardner

Florida State University Law Review

In democracies that allocate to a court responsibility for interpreting and enforcing the constitutional ground rules of democratic politics, the sheer importance of the task would seem to oblige such courts to guide their rulings by developing an account of the nature and prominent features of the constitutional commitment to democracy. The U.S. Supreme Court, however, has from the beginning refused to develop a general account—a theory—of how the U.S. Constitution establishes and structures democratic politics. The Court’s diffidence left a vacuum at the heart of its constitutional jurisprudence of democratic process, and like most vacuums, this one was almost …


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