William and Mary Law Review

Professional publication covering law.

Articles from Vol. 46, No. 4, February

Bridging the Enforcement Gap in Constitutional Law: A Critique of the Supreme Court's Theory That Self-Restraint Promotes Federalism
The Supreme Court has crafted numerous doctrines, such as justiciability and abstention, that enable federal judges to decline to exercise the jurisdiction Congress has granted them over all constitutional cases. The result is that constitutional law...
Cool Federalism and the Life-Cycle of Moral Progress
INTRODUCTION: HOT AND COOL FEDERALISM We can divide justifications for federalism-based structures of governance into hot federalism and cool federalism, with the distinction keyed to the reasons for resorting to a federal structure. By hot federalism,...
Dual Constitutions and Constitutional Duels: Separation of Powers and State Implementation of Federally Inspired Regulatory Programs and Standards
ABSTRACT Frequently, state-wide executive agencies and localities attempt to implement federally inspired programs. Two predominant examples are cooperative federalism programs and incorporation of federal standards in state-specific law. Federally...
Foreword: The New Frontier of State Constitutional Law
State constitutions have entered into a new interpretive era. Once considered documents of parochial import worthy of little serious study by anyone outside of a state's individual jurisdiction, in the late twentieth century state and federal judges,...
In a Federal Case, Is the State Constitution Something Important or Just Another Piece of Paper?
Many sources feed the current development in state constitutional law, but the federal judiciary is not among them. Contemplating the role of the federal courts in the enforcement of state constitutional norms prompts recollection of Gandhi's reply...
Instant Runoff Voting: A Cure That Is Likely Worse Than the Disease
INTRODUCTION Majority rule is a basic principle of democratic elections in the United States. (2) Candidates who win with majority support possess a clear mandate from the electorate and increase their own legitimacy as leaders of the people. (3)...
Interjurisdictional Enforcement of Rights in a Post-Erie World
The United States may have emerged as the first modern federation, (1) but federalism has since been widely copied elsewhere. (2) Federalism is no longer a political structure that is unique to the United States. An aspect of federalism in the United...
Remarks of Chief Justice William H. Rehnquist
Thank you Chief Justice Hassell. I am pleased to be here today to participate in this conference on "Dual Enforcement of Constitutional Norms." When I saw the schedule for today's conference, and the topics to be discussed, I knew you were not lacking...
State Courts Adopting Federal Constitutional Doctrine: Case-by-Case Adoptionism or Prospective Lockstepping?
Some states appear to be adopting, apparently in perpetuity, all existing or future United States Supreme Court interpretations of a federal constitutional provision as the governing interpretation of the parallel state constitutional provision. ...
The Future of Parity
INTRODUCTION In the dual enforcement of constitutional norms in the United States, state governmental institutions, and particularly state courts, are entrusted with adjudicating federal constitutional and statutory rights. That dual regime, in...
The State and the Federal Courts in Governance: Vive la Difference!
I. ARE STATE COURTS MINOR FORMS OF UNITED STATES COURTS? What is common to state and federal courts is easy to see--so easy that many lawyers, judges, and academics assume that federal formulas for review of official actions equally apply to state...
Weighing in on the Wine Wars: What the European Union Can Teach Us about the Direct Shipment Controversy
INTRODUCTION Suppose you run a small Virginia winery that produces a white wine that has long been the favorite of traveling oenophiles from Tennessee who annually make the trip to visit your winery and taste your product. You might believe the...
Whose Constitution Is It? Why Federalism and Constitutional Positivism Don't Mix
INTRODUCTION Ever since state constitutional law arrived as a field of study twenty years ago, its most pressing and contentious problem has concerned the question of how state constitutions ought to be interpreted, and in particular whether the...
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