The William and Mary Bill of Rights Journal

Provides articles on constitutional law.

Articles from Vol. 14, No. 2, December

A Convenient Blanket of Secrecy: The Oft-Cited but Nonexistent Housekeeping Privilege
[The] "housekeeping" statute, destitute as it is of all vestige of definitions and standards, is susceptible of being tortured, and has been tortured, with judicial sanction, it must be admitted, into a claim of privilege against disclosure and inspection...
Cleaning Up the Eighth Amendment Mess
ABSTRACTThis article criticizes the Court's interpretation of the Eighth Amendment's Cruel and Unusual Punishment Clause and offers its own understanding. The Court's jurisprudence is plagued by deep inconsistencies concerning the Amendment's text, the...
"So Long as Our System Shall Exist": Myth, History, and the New Federalism
ABSTRACTThis article provides the broad historical context necessary to understand contemporary developments in federalism doctrine. It shows that dual federalism has a long and varied history and that federalism is a content-neutral principle to which...
The Fear Factor: How FCC Fines Are Chilling Free Speech
INTRODUCTIONThe bare bum of Homer Simpson glides over the glass ceiling of a cathedral, horrifying the churchgoers below; Jerry, George, Elaine, and Kramer engage in an infamous contest of restraint from self-pleasure; Ellen DeGeneres reveals her homosexuality...
The Market for Legal Education & Freedom of Association: Why the "Solomon Amendment" Is Constitutional and Law Schools Are Not Expressive Associations
ABSTRACTThis term the Supreme Court will confront the constitutionality of the Solomon Amendment, which mandates equal access for military recruiters at universities that accept federal funding. The Third Circuit previously held the statute unconstitutional....
Turning a Government Search into a Permanent Power: Thornton V. United States and the "Progressive Distortion" of Search Incident to Arrest
INTRODUCTIONA member of Congress once lamented, "It has been said that if one dies and goes to heaven and wants to come back to Earth and have eternal life, come back as a federal program."1 The simple logic behind this reasoning seems unassailable....
Up against the Wall of Separation: The Question of American Religious Democracy
IntroductionCan religious democracy be a question for the United States? Are we not beyond such sectarianism? Are we not pluralistic and fundamentally secular in our laws? We are not Iraq, with its conflicting Shiite and Sunni communities. Nor are we...
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