The William and Mary Bill of Rights Journal

Provides articles on constitutional law.

Articles from Vol. 17, No. 4, May

Constitutional Solipsism: Toward a Thick Doctrine of Article III Duty; or Why the Federal Circuits' Nonprecedential Status Rules Are (Profoundly) Unconstitutional
INTRODUCTION ................................................. 956I. HISTORY ................................................... 964A. Nonprecedential Status Rules; Delegated Adjudication; and Abbreviated Appelle Processes ...............................
Guns and Speech Technologies: How the Right to Bear Arms Affects Copyright Regulations of Speech Technologies
ABSTRACTThis Article examines the possible effect the Supreme Court's landmark Second Amendment ruling in District of Columbia v. Heller will have on future cases brought under the Free Press Clause.1 Based on the text and history of the Constitution,...
Is Sharif's Castle Deductible?: Islam and the Tax Treatment of Mortgage Debt
ABSTRACTThis Article examines the tax treatment of Islamic mortgage alternatives and considers the cultural and constitutional implications of the tax treatment of mortgage debt. Islamic law cannot be separated from the religion of Islam, and one of...
Standing to Challenge State and Local Immigration Regulation: How the Notion of Expressive Injury Can Restore Federal Power over Immigration
INTRODUCTIONJohn Doe 1 was a tenant in Hazleton, Pennsylvania, in September, 2006. ' Because he was not a United States citizen or permanent legal resident, he was confident the United States government could deport him at any time. But the city countil...
The Congressional Chaplaincies
ABSTRACTRoughly twenty-five years ago, in Marsh v. Chambers, the Supreme Court considered the congressional chaplaincies, and concluded that they were not "an 'establishment' of religion or a step toward establishment," but instead were "simply a tolerable...
The Dormant Commerce Clause: Adopting a New Standard and a Return to Principle
INTRODUCTIONIn one of the more controversial terms for the Supreme Court - adjudicating cases about sentencing guidelines,1 gun control laws,2 and the constitutionality of lethal injection3 - a small case out of a Kentucky appeals court will likely have...
The Impact of Information Overload on the Capital Jury's Ability to Assess Aggravating and Mitigating Factors
ABSTRACTSince 1976, the U.S. Supreme Court has required that death penalty regimes meet two requirements. First, in order to minimize arbitrariness in the imposition of the death penalty, states must reserve capital punishment to a narrow class of offenders,...