The William and Mary Bill of Rights Journal

Provides articles on constitutional law.

Articles from Vol. 13, No. 2, December

A Law Student in the Supreme Court: United States V. Drayton and the Future of Consent Search Analysis
In my third year of law school, I hit the student note lottery. Like thousands of law students, the year before I had analyzed a legal issue in my student note. Despite my passion for the issue, I felt like many others that this was a warmingup exercise,...
Death, Dissent and Diplomacy: The U.S. Death Penalty as an Obstacle to Foreign Relations
"This is barbaric and unworthy of a state based on the rule of law."1INTRODUCTION: A HERITAGE OF PROTESTWidely believed to be the innocent victims of an unfair trial, two foreign nationals facing execution in the United States had captured the attention...
Death Penalty and International Law
In 2004, the United States celebrated the fiftieth anniversary of the Supreme Court's decision in Brown v. Board of Education in which the Court declared de jure segregated schools unconstitutional.1 In recent years, many legal historians have noted...
From Breard to Atkins to Malvo: Legal Incompetency and Human Rights Norms on the Fringes of the Death Penalty
In Republic of Paraguay v. Allen,1 the LaGrand Case,2 and Avena and Other Mexican Nationals,2 nations pressed their claims in U.S. courts and the World Court that the United States is violating its treaty obligations and human rights obligations under...
International Law, Politics, Diplomacy and the Abolition of the Death Penalty
On June 10, 2003, L. Paul Bremer signed Coalition Provisional Authority Order Number 7 decreeing the suspension of capital punishment in Iraq.1 After "recognising that the former regime used certain provisions of the penal code as a tool of repression...
Not So Landmark after All? Lawrence V. Texas: Classical Liberalism and Due Process Jurisprudence
This Note sheds new light on Lawrence v. Texas. ; Instead of commenting on the political implications of Lawrence, this Note examines how the Supreme Court returned to an older form of substantive due process analysis without explicitly stating so. Although...
Righteous Shooting, Unreasonable Seizure? the Relevance of an Officer's Pre-Seizure Conduct in an Excessive Force Claim
One leading police scholar, Egon Bittner, has . . . proposed that it makes sense to think of the police "as a mechanism for the distribution of non-negotiably coercive force employed in accordance with the dictates of an intuitive grasp of situational...
Suppressing the Incriminating Statements of Foreigners
INTRODUCTIONForeign nationals arrested on a criminal charge enjoy a right, based on treaty, of access to their home-state consul, and additionally, a right to be informed by detaining authorities ofthat right.1 In the United States, the police who arrest...
The Extraordinary Execution of Billy Vickers, the Banality of Death, and the Demise of Post-Conviction Review
Accordingly, § 1983 challenges to an impending execution (like § 1983 challenges to a state's method of execution or § 1983 challenges seeking immediate or speedier release from prison) must be brought as habeas actions.1Whether a complaint brought under...
The Mandatory Death Penalty in the Commonwealth Caribbean and the Inter-American Human Rights System: An Evolution in the Development and Implementation of International Human Rights Protections
INTRODUCTIONOn March 11, 2002, the Judicial Committee of the Privy Council issued its landmark judgments in a trilogy of cases involving defendants Peter Hughes, Berthill Fox, and Patrick Reyes.1 In these judgments, the Privy Council disposed of appeals...