The William and Mary Bill of Rights Journal

Provides articles on constitutional law.

Articles from Vol. 16, No. 4, April

A First Look at the Worst: Slavery and Race Relations at the College of William and Mary
|T]f way to the Better there be, it exacts a full look at the Worst. . . .- Thomas Hardy1In recent years a few universities - Yale, North Carolina, Dartmouth, Alabama, and Brown - have documented fully the ignoble role slavery played in their noble pasts.2...
Considering William and Mary's History with Slavery: The Case of President Thomas Roderick Dew
ABSTRACTAmidst the recent apologies for slavery from the legislatures of Virginia, Maryland, North Carolina, Alabama, New Jersey, and Florida, there is significant controversy over the wisdom of investigations of institutions' connections to slavery...
Falsity, Insincerity, and the Freedom of Expression
AbstractThree decades ago, the Supreme Court announced that false statements of fact are devoid of constitutional value, without providing either a reasoned explanation for that principle or any supporting citations. This assertion has become one of...
Free Expression and Education: Between Two Democracies
Political scientist Benjamin R. Barber has written: "[I]n democracies, education is the indispensable concomitant of citizenship."1 If true - if education is integrally tied to democracy - then the definition of democracy would necessarily shape the...
Higher Education, Harassment, and First Amendment Opportunism
INTRODUCTIONThe University of California at Irvine (Irvine) has recently emerged as an unexpected battleground in the roiling campus wars over the First Amendment and the doctrine of academic freedom. Irvine made national headlines this past fall with...
Intelligent Design in Public University Science Departments: Academic Freedom or Establishment of Religion
INTRODUCTIONIn recent years issues surrounding intelligent design theory in the public schools have come to the fore.1 Intelligent design theory (ID) devolved/evolved from the creation science movement,2 itself a descendent of creationism.3 Most of the...
Introduction: Universities and the First Amendment
The subject of this symposium, The First Amendment in Higher Education, is remarkably important and timely, and the editors of the William & Mary Bill of Rights Journal are to be congratulated on their selection. Their choice of topic, however, imposes...
Lest We Regress to the Dark Ages: Holding Voluntary Surgical Castration Cruel and Unusual, Even for Child Molesters
Innocence is trampled as debauchery and brutality reign unfettered in the world of child molesters. Reports of the sexual assault and molestation of innocent children - arguably the most vulnerable members of our community - weigh on the hearts and minds...
Ninth Circuit Reversal: The Removal of Offensive Collateral Estoppel in Alienage Proceedings
INTRODUCTIONAll may agree that criminal procedure is based upon constitutional principles. However, disunity ensues when the question is posed as to what those principles are and how they are to be applied. In 2005, the Ninth Circuit reversed forty-six...
Support Our [Dead] Troops: Sacrificing Political Expression Rights for Familial Control over Names and Likenesses
INTRODUCTIONIt just doesn't seem right to profit on the death of a soldier who put his life on the line for us and our freedom.1That was the sentiment of Linda Harper-Brown,2 a state representative in the Texas legislature, after she learned from one...
The Cross at College: Accommodation and Acknowledgment of Religion at Public Universities
INTRODUCTIONIn October 2006, President Gene Nichol of the College of William and Mary ordered a change in the practice of displaying a cross in the College' s Wren Chapel. ' Since the late 1930s, when Bruton Parish Church donated the cross to the College...