The William and Mary Bill of Rights Journal

Provides articles on constitutional law.

Articles from Vol. 19, No. 2, December

Constantly Approximating Popular Sovereignty: Seven Fundamental Principles of Constitutional Law
constantly looked to,constantly labored for,and even though never perfectly attained,constantly approximated . . . .1In 1988, renowned historian Edmund S. Morgan published Inventing the People: The Rise of Popular Sovereignty in England and America?...
Dodging a Bullet: Mcdonald V. City of Chicago and the Limits of Progressive Originalism
ABSTRACTThe Supreme Court's decision in last term's gun rights case, McDonald v. City of Chicago, punctured the conventional wisdom after District of Columbia v. Heller that "we are all originalists now." Surprisingly, many progressive academics were...
Faulty Foundations: How the False Analogy to Routine Fingerprinting Undermines the Argument for Arrestee DNA Sampling
The scene has become indelible in our cultural consciousness: a suspected criminal is pulled away from the mean streets, dragged by his collar "downtown" and tossed into a neon-lit room. He hands over his belongings with a menacing smirk and sneers while...
Grand Jury Innovation: Toward a Functional Makeover of the Ancient Bulwark of Liberty
INTRODUCTIONThe grand jury is a "much maligned" organ of the criminal justice system.1 Regularly employed in only about half of the states and grudgingly tolerated in the federal system,2 the American grand jury for two centuries has been criticized...
Huppert, Reilly, and the Increasing Futility of Relying on the First Amendment to Protect Employee Speech
INTRODUCTIONAdvocates of expanded employee speech rights can be divided into two camps: those who have examined the issue as an employment law matter deserving a statutory solution,1 and those who have focused on the constitutional implications.2 The...
The Melendez-Diaz Dilemma: Virginia's Response, a Model to Follow
INTRODUCTIONStriking a balance between protecting society from criminals and preserving the rights of defendants has always been a difficult and challenging responsibility. In June 2009 the United States Supreme Court tipped the balance in favor of criminal...
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