The William and Mary Bill of Rights Journal

Provides articles on constitutional law.

Articles from Vol. 21, No. 4, May

A Winn for Originalism Puts Establishment Clause Reform within Reach
In Flast v. Cohen, 1 the Supreme Court held that taxpayers could bring suits challenging government expenditures alleged to violate the Establishment Clause. Flast was a pivotal decision implicating two of the most difficult areas of constitutional law,...
Detailing Commercial Speech: What Pharmaceutical Marketing Reveals about Bans on Commercial Speech
INTRODUCTIONPharmacies maintain a "potpourri" of records about the prescriptions people bring to be filled, including the drugs, dosages, and prescribers.1 Eventually, this information ends up in the hands of pharmaceutical companies, who use the data...
Distinguishing between Custom and Law: Empirical Examples of Endogeneity in Property and First Amendment Precedents
(ProQuest:. denotes formulae omitted.)IntroductionThis Article discusses the relationship between custom and law to highlight the phenomenon of endogeneity that arises when empirically evaluating the effects of laws. An important literature evaluates...
International Perspectives on Correcting Wrongful Convictions: The Scottish Criminal Cases Review Commission
INTRODUCTIONNot surprisingly, the problem of wrongful convictions has become a global one.1 Of the many dimensions of the problem, one of the issues in the international discussion is the role of innocence commissions.2 In 1997, the United Kingdom created...
Justices Hawking Jesus: Endorsement through Citation to Religious Amici in Supreme Court Opinions
INTRODUCTIONOn June 20, 2002, the Supreme Court handed down its opinion in Atkins v. Virginia, 1 holding that the execution of mentally retarded criminals is a cruel and unusual punishment prohibited by the Eighth Amendment. As part of its reasoning,...
The Dormant Second Amendment: Exploring the Rise, Fall, and Potential Resurrection of Independent State Militias
ABSTRACTThe term "militia" is polarizing, misunderstood, misapplied, and generally difficult for modern Americans to digest. That is not surprising, given the depth and breadth of American militia history and militias' substantial evolution over four...
Thinking about Slavery at the College of William and Mary
I. POST-RECONSTRUCTION AND ANTE-BELLUMDistorting, eliding, falsifying ... a university's memory can be as tricky as a person's. So it has been at the College of William and Mary, often in curious ways. For example, those delving into its history long...