Constitutional Law Commons^™

In Search Of Justice: An Examination Of The Appointments Of John G. Roberts And Samuel A. Alito To The U.S. Supreme Court And Their Impact On American Jurisprudence, Alberto R. Gonzales

William & Mary Bill of Rights Journal

During 2005, President George W. Bush appointed Federal Circuit Court Judges John G. Roberts and Samuel A. Alito to the U.S. Supreme Court. These appointments were the culmination of years of examination of the work, character, and temperament of both men commencing during the 2000 presidential transition. Our evaluation included face-to-face interviews; an analysis of judicial opinions, speeches, and writings; and conversation with friends, colleagues, and court experts. Based on this work, a select group of Bush Administration officials developed a set of predictors that formed the basis of our recommendation to President Bush that he elevate Circuit Court Judges …

Shelby County And The Illusion Of Minimalism, Richard L. Hasen

William & Mary Bill of Rights Journal

No abstract provided.

The Failure Of Originalism In Preserving Constitutional Rights To Civil Jury Trial, Renée Lettow Lerner

William & Mary Bill of Rights Journal

The Federal Bill of Rights and state constitutions rely heavily on procedural protections, especially jury rights. Supporters of these rights at the founding praised the jury in extravagant terms, and many members of the legal profession continue to do so today. Yet civil and criminal jury trials are vanishing in the United States. The disappearance of the civil jury presents a puzzle because the Seventh Amendment and state constitutional rights require that civil jury trial be “preserved” or “remain inviolate.”

Scholarship on the history of constitutional rights to civil jury trial has tended to focus exclusively on the Seventh Amendment, …

Marriage Equality In State And Nation, Anthony Michael Kreis

William & Mary Bill of Rights Journal

No abstract provided.

Binary Searches And The Central Meaning Of The Fourth Amendment, Lawrence Rosenthal

William & Mary Bill of Rights Journal

No abstract provided.

Professional Licenses And Substantive Due Process: Can States Compel Physicians To Provide Their Services, Carolyn R. Cody

William & Mary Bill of Rights Journal

No abstract provided.

The Jury As A Political Institution: An Internal Perspective, Robert P. Burns

William & Mary Law Review

In this Essay, I will briefly describe some of the more obvious ways in which the jury has been considered a political institution. I will then discuss the senses in which we can understand the term “political” in the context of the American jury trial. I will describe the senses in which Hannah Arendt, perhaps the most important political philosopher of the twentieth century, tried to distinguish between “the political” and the “the legal” and the limitations of any such distinction. I will then turn to the heart of this Essay, a description of the ways in which the American …

Blackstone's Curse: The Fall Of The Criminal, Civil, And Grand Juries And The Rise Of The Executive, The Legislature, The Judiciary, And The States, Suja A. Thomas

William & Mary Law Review

No abstract provided.

Juries As Regulators Of Last Resort, Stephan Landsman

William & Mary Law Review

No abstract provided.

Embedded Experts On Real Juries: A Delicate Balance, Shari Seidman Diamond, Mary R. Rose, Beth Murphy

William & Mary Law Review

“Experts” appear in the modern American courtroom on the jury as well as in the witness box, posing a dilemma for the legal system by offering a potentially valuable resource and an uncontrolled source of influence. Courts give ambiguous guidance to jurors on how they should handle their expertise in the deliberation room. On the one hand, jurors are told that they should “decide what the facts are from the evidence presented here in court.” By direct implication, then, jurors should not use outside information to evaluate the evidence. Jurors are also told, however, that they should “consider all of …

Opening Remarks, Akhil Reed Amar

William & Mary Law Review

No abstract provided.

Jury Ignorance And Political Ignorance, Ilya Somin

William & Mary Law Review

No abstract provided.

Second-Order Diversity Revisited, Jeffrey Abramson

William & Mary Law Review

No abstract provided.

Restoring The Civil Jury's Role In The Structure Of Our Government, Sheldon Whitehouse

William & Mary Law Review

No abstract provided.

Political Decision Making By Informed Juries, William E. Nelson

William & Mary Law Review

No abstract provided.

Introduction: The Civil Jury As A Political Institution, Jason M. Solomon, Paula Hannaford-Agor

William & Mary Law Review

No abstract provided.

Diversity And The Civil Jury, Christina S. Carbone, Victoria C. Plaut

William & Mary Law Review

No abstract provided.

Fiduciary Principles And The Jury, Ethan J. Leib, Michael Serota, David L. Ponet

William & Mary Law Review

This Essay argues that because jurors exercise state authority with wide discretion over the legal and practical interests of other citizens, and because citizens repose trust and remain vulnerable to jury and juror decisions, juries and jurors share important similarities with traditional fiduciary actors such as doctors, lawyers, and corporate directors and boards. The paradigmatic fiduciary duties—those of loyalty and care—therefore provide useful benchmarks for evaluating and guiding jurors in their decisionmaking role. A sui generis public fiduciary duty of deliberative engagement also has applications in considering the obligations of jurors. This framework confirms much of what we know about …

March 14, 2014: How Much Damage Has Nihilism Done?, Bruce Ledewitz

Hallowed Secularism

Blog post, “ How Much Damage Has Nihilism Done?“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.

Of Secrecy And Punishment, Lauren Sudeall Lucas

Faculty Publications By Year

No abstract provided.