The William and Mary Bill of Rights Journal

Provides articles on constitutional law.

Articles from Vol. 21, No. 3, March

Constitutional Remedies and Public Interest Balancing
ABSTRACTThe conventional account of our remedial tradition recognizes that courts may engage in discretionary public interest balancing to withhold the specific remedies typically administered in equity. But it generally does not acknowledge that courts...
Crossing the Final Border: Securing Equal Gender Protection in Immigration Cases
Power without justice is soon questioned. Justice and power must be brought together, so that whatever is just may be powerful, and whatever is powerful may be just.- Blaise Pascal1INTRODUCTIONConsider two men, both Mexican immigrants, both convicted...
Culpability, Deterrence, and the Exclusionary Rule
AbstractThis Article discusses the Supreme Court's use of the concepts of culpability and deterrence in its Fourth Amendment jurisprudence, in particular, in the opinions applying the good-faith exception to the exclusionary rule. The contemporary Court...
Dodd-Frank's Title II Authority: A Disorderly Liquidation of Experience, Logic, and Due Process
INTRODUCTIONThe Panic of 2008, as it is sometimes called,1 included the bankruptcy of Lehman Brothers, the infamous bailout of AIG, and the fire sale of Bear Stearns, all of which were punctuated with an overall economic slowdown and decline in the housing...
Lawrence's Stealth Constitutionalism and Same-Sex Marriage Litigation
ABSTRACTConstitutional law scholarship often focuses on two taxonomies: doctrinal categories and interpretive methodologies. Consequently, constitutional scholars sometimes neglect other important facets of constitutional decisionmaking, particularly...
Social Science Studies and the Children of Lesbians and Gay Men: The Rational Basis Perspective
This Article seeks to determine whether the social science literature on the children of lesbians and gay men precludes the government from relying on child welfare considerations to justify same-sex marriage bans and parenting restrictions affecting...
The (Dwindling) Rights and Obligations of Citizenship
Citizenship is central to modern narratives of individual well-being. As Chief Justice Earl Warren declared, "[citizenship is man's basic right for it is nothing less than the right to have rights."1 The popular conception holds that significant rights...
To Cut or Not to Cut?: Addressing Proposals to Ban Circumcision under Both a Parental Rights Theory and Child-Centered Perspective in the Specific Context of Jewish and Muslim Infants
INTRODUCTIONRecently, a popular cultural, societal, medical, and religious tradition has come under attack. First, scholars and, more recently, citizens of San Francisco have called for a ban on male circumcisions.1 For just over a decade now, scholars...
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