The William and Mary Bill of Rights Journal

Provides articles on constitutional law.

Articles from Vol. 14, No. 4, April

A Clearing in the Forest: Infusing the Labor Union Dues Dispute with First Amendment Values
ABSTRACTThis article deploys public choice theory and postmodern identity claims to develop a far-reaching understanding of the union dues dispute, which suggests that the burden of proof on the existence of and/or the possibility of an enduring union...
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Confrontation, Equity, and the Misnamed Exception for "Forfeiture" by Wrongdoing
INTRODUCTIONA. Crawford and "Forfeiture " by WrongdoingCrawford v. Washington1 redefined the Supreme Court's Confrontation Clause jurisprudence and has given unexpected prominence to the rule now known as "forfeiture" by wrongdoing. That doctrine holds...
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Cutter and the Preferred Position of the Free Exercise Clause
INTRODUCTIONThe Free Exercise Clause has been on life support for a number of years. The Supreme Court's 1 990 decision in Employment Division v. Smith held that the Clause did not prevent enforcement of generally applicable laws that incidentally burdened...
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Foreword: Disabling Brown
On May 17, 1954, the United States Supreme Court issued its decision in Brown v. Board of Education,1 arguably the most famous American civil rights case of the twentieth century,2 striking down segregation in public schools. Exactly fifty years later,...
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From Stonewall to the Suburbs?: Toward a Political Economy of Sexuality
INTRODUCTIONIn their articles,1 Carlos Ball and Sonia Katyal step back from the heat of the moment to place two recent United States court cases concerning the rights of sexual minorities - Goodridge v. Department of Public Health2 and Lawrence v. Texas3...
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Misnamed, Misapplied, and Misguided: Clarifying the State of Sentencing Entrapment and Proposing a New Conception of the Doctrine
INTRODUCTIONWhile American military and intelligence forces continue to wage,1 and the American media continues to incessantly cover,2 the global war on terrorism, popular attention has shifted away from a war closer to home - the war on drugs.3 Nevertheless,...
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Queries from Quirin: Guantanamo Tribunals and the Separation of Powers Doctrine
INTRODUCTIONMany recent nonfiction writings contemplate recent history with one watershed event: the catastrophic terrorist attacks of September 11, 2001. Whether in social commentary, political discourse, or even economic calculation, the attacks have...
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Sexuality and Sovereignty: The Global Limits and Possibilities of Lawrence
INTRODUCTIONIn the summer of 2003, the Supreme Court handed gay and lesbian activists a stunning victory in the decision of Lawrence v. Texas,1 which summarily overruled Bowers v. Hardwick.2 At issue was whether Texas' prohibition of same-sex sexual...
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Speech and the Self-Governance Value
INTRODUCTIONWhat divides the justices of the Supreme Court in a number of contemporary cases involving speech at the core of the First Amendment? The near uniformity of vision that sparked the Court's renovation of libel law in New York Times Co. v....
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The Backlash Thesis and Same-Sex Marriage: Learning from Brown V. Board of Education and Its Aftermath
INTRODUCTIONThe last three years have been like no other time in the history of the gay rights movement. During that period, the U.S . Supreme Court held that states cannot criminalize gay sexual conduct,1 Massachusetts recognized same-sex marriages,2...
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