The William and Mary Bill of Rights Journal

Provides articles on constitutional law.

Articles from Vol. 24, No. 3, March

A Liberal Dilemma: Respecting Autonomy While Also Protecting Inchoate Children from Prenatal Substance Abuse
Substance abuse is a significant social problem in America.1 It is estimated that some eighteen million Americans have an alcohol abuse problem and that almost five million have a drug abuse problem.2 According to the National Institute on Drug Abuse,...
Attorney's Fees, Nominal Damages, and Section 1983 Litigation
Can plaintiffs recover attorney's fees under 42 U.S.C. § 1988 when they establish constitutional violations but recover only nominal damages or low compensatory damages? Some federal appellate courts have concluded that no fee, or a severely reduced...
Child Protection's Parental Preference
INTRODUCTIONIn March 2015, a dozen child welfare experts visited William & Mary Law School in Virginia for a symposium provocatively titled "The Liberal Dilemma in Child Welfare Reform."1I was happy to have been chosen to join the group, which ranged...
Communicable Diseases and the Right to Re-Enter the United States
INTRODUCTIONAmerican citizens generally enjoy the ability to move freely from place to place. Whether someone wishes to travel across either a state or the globe, there are relatively few government-imposed barriers to such movement. For instance, most...
Diagnosing Liberal Resistance to Needed Child Welfare Reforms
The symposium1 from which this Issue emanates was highly unusual in design and realization. In a typical law school conference, speakers analyze substantive issues, citing legal sources, social science, and perhaps some theoretical work, and then the...
How the Liberati Sabotaged Child Welfare
INTRODUCTIONA century after its inception, child welfare in America is in disarray; the liberal promise of putting professional expertise to public benefit through the state has squandered on professional monopoly, inept practice, and lack of accountability....
Implications on the Constitutionality of Student Cell Phone Searches Following Riley V. California
INTRODUCTION .................................................879I. THE FOURTH AMENDMENT AND NEW JERSEY V. T.L.O................881A. Historical Overview of the Fourth Amendment .................. 881B. NewJerseyv.T.L.O.......................................882C....
Project Prevention: Concept, Operation, Results and Controversies about Paying Drug Abusers to Obtain Long-Term Birth Control
INTRODUCTIONAn increasing proportion of babies are born out of wedlock or to single mothers in the United States,1 and these babies lack the social, financial, and emotional advantages that are provided to children raised by their two biological parents....
Re-Evaluating the Criminalization of in Utero Alcohol Exposure: A Harm-Reduction Approach
INTRODUCTIONThe right of women to self-govern their bodies and make informed decisions about continuing a pregnancy has long been recognized by the courts. Over forty years ago, Roe v. Wade1 clearly established legal protections and guaranteed women...
Stanley V. Illinois's Untold Story
INTRODUCTIONStanley v. Illinois1 is one of the Supreme Court's more curious landmark cases. The Court addressed Peter Stanley's efforts to regain custody of his children from the Illinois foster care system after the death of his partner, Joan Stanley,...
The Impact of Liberal Ideology on Child Protection Reform
This Article calls for an examination of liberal ideology and child-centered policies. I will eagerly provide such an examination, but I want to make it clear that although I spent almost all of my time on Capitol Hill working for Republicans, I can...
Thoughts on the Liberal Dilemma in Child Welfare Reform
INTRODUCTION .................................................725I. ILLUSTRATIONS OF THE DILEMMA: THE THREE MOST SIGNIFICANT CHILD WELFARE "REFORM" MOVEMENTS OF RECENT DECADES.............727A. Intensive Family Preservation Services (IFPS) ..................727B....
Why the American Child Welfare System Is Not Child Centered
INTRODUCTION .................................................733I. A STRUCTURAL AND CULTURAL ISSUE, NOT A LIBERAL CONSPIRACY ...737II. WHY ARE PARENTS CONSIDERED THE CLIENT?.....................738A. The Impact of the Research and Policy ........................738B....
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