The William and Mary Bill of Rights Journal

Provides articles on constitutional law.

Articles from Vol. 17, No. 1, October

Best Interests and Parental Presumptions: Bringing Same-Sex Custody Agreements beyond Preclusion by the Federal Defense of Marriage Act
Whether we believe same-sex couples should be allowed to get married, enter into civil unions, or raise children, the reality is that they do so.1INTRODUCTIONAccording to United States Census data for the year 2000, the number of samesex families is...
Changing State Laws to Prohibit the Display of Hangman's Nooses: Tightening the Knot around the First Amendment?
It gives me great pain to read in every daily paper which visits my office of some poor black man being seized by a mob and lynched without even the semblance of law. The unlawful murderers, not satisfied with this, riddle the body of the poor Negro...
Civil Procedure and the Establishment Clause: Exploring the Ministerial Exception, Subject-Matter Jurisdiction, and the Freedom of the Church
AbstractWhat sort of defense is provided by the ministerial exception to employment discrimination claims? The ministerial exception bars civil courts from reviewing the decisions of religious organizations regarding the employment of their ministerial...
Freedom to Err: The Idea of Natural Selection in Politics, Schools, and Courts
The biologists are surely correct who proclaim that "there is no serious scientific doubt that evolution occurred or that natural selection is a major mechanism in its occurrence."1 But worthy of their salute is the wisdom of President Jefferson that...
Justifying Motive Analysis in Judicial Review
ABSTRACTMotives concern us in ordinary life and in the law of torts and crimes, and that concern is justified by consequentialist ethics. Despite occasional judicial protestations, motive analysis pervades large parts of constitutional law. Illegitimate...
Metaphors and Modalities: Meditations on Bobbitt's Theory of the Constitution
Language is the Flesh-Garment, the Body, of Thought. I said that imagination wove this Flesh-Garment; and does not she? Metaphors are her stuff: examine Language; . . . what is it all but Metaphors, recognised as such, or no longer recognised; still...
The Continuing Threshold Test for Free Exercise Claims
ABSTRACTWhen a claimant challenges some governmental law or action under the Free Exercise Clause of the First Amendment, courts have long required the claimant to make out a prima facie case that the government has burdened the exercise of the claimant's...