The William and Mary Bill of Rights Journal

Provides articles on constitutional law.

Articles from Vol. 15, No. 1, October

A House Divided? What Social Science Has to Say about the Culture War
America, the punditocracy has declared, is at war with itself. Intense political polarization - rooted in deep religious differences - has brought us a culture war, whose troops are recruited from the red and blue states. Upon digging deeper into data...
Empiricism, Religion, and Judicial Decision-Making
Most people would acknowledge that religious orientation often influences an individual' s political values or preferences. Members of evangelical Protestant denominations, for example, are more likely to be conservative Republicans than liberal Democrats....
Form and Substance in Parentage Law
INTRODUCTION: INVITATION TO REFORM PARENTAGE LAWThe Institute of Bill of Rights Law at the William & Mary School of Law, which convened a roundtable on reforming parentage laws ('Parentage Roundtable"), has graciously invited me to respond to a set...
In Katrina's Wake: Rethinking the Military's Role in Domestic Emergencies
INTRODUCTIONThe massive devastation wrought by Hurricane Katrina in Louisiana and Mississippi in August 2005(1) left behind shattered communities that will be left to pick up the pieces for months and years to come.2 The alarming number of hurricanes...
Introduction: Religion, Division, and the Constitution
Thirty-five years ago, in his landmark Lemon v. Kurtzman opinion, Chief Justice Warren Burger declared that state actions could "excessive [Iy]" - and, therefore, unconstitutionally - "entangle" government and religion,1 not only by requiring or allowing...
Pluralism and Public Legal Reason*
INTRODUCTION: DIVISION, RELIGION, AND THE CONSTITUTIONWhat role does and should religion play in the legal sphere of a modern liberal democracy? Does religion threaten to create divisions that would undermine the stability of the constitutional order?...
Religions, Fragmentations, and Doctrinal Limits
The title of this symposium, "Religion, Division, and the Constitution," suggests certain presuppositions: there is a set of activities captured by the term "religion;" these activities might be politically or socially or culturally divisive (though...
Religious Tests in the Mirror: The Constitutional Law and Constitutional Etiquette of Religion in Judicial Nominations
It is interesting how a different nominee changes the standards around this town.- Senator Richard Durbin1INTRODUCTIONThe Religious Test Clause of the United States Constitution is simple enough. It provides, briefly and with seeming clarity and finality,...
Social Reproduction and Religious Reproduction: A Democratic-Communitarian Analysis of the Yoder Problem
INTRODUCTIONIn 1 968, Jonas Yoder, Wallace Miller, and Adin Yutzy refused to enroll their children in high school. The parents were tried and convicted of violating Wisconsin' s compulsory attendance law, which required schooling until age sixteen, and...
The Constitutional Infirmity of Warrantless NSA Surveillance: The Abuse of Presidential Power and the Injury to the Fourth Amendment
ABSTRACTIn the past year, there have been many revelations about the tactics used by the Bush administration to prosecute its war on terrorism. These stories involve the exploitation of technologies that allow the government, with the cooperation of...
Time to Overturn Turney
INTRODUCTION: El-Shifa Attempts to Reinvigorate a Tired DoctrineIn the summer of 2000, the Sudanese owner of a pharmaceutical plant in Sudan filed suit in the United States Court of Federal Claims1 asserting a right to just compensation under the Fifth...