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Constitutional Law

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Duke Law

Duke Journal of Constitutional Law & Public Policy

Journal

2018

Articles 1 - 5 of 5

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Journal Staff Jan 2018

Journal Staff

Duke Journal of Constitutional Law & Public Policy

No abstract provided.


Loyal Denominatorism And The Fourteenth Amendment: Normative Defense And Implications, Christopher R. Green Jan 2018

Loyal Denominatorism And The Fourteenth Amendment: Normative Defense And Implications, Christopher R. Green

Duke Journal of Constitutional Law & Public Policy

No abstract provided.


“Safe Spaces” And The Educational Benefits Of Diversity, Vinay Harpalani Jan 2018

“Safe Spaces” And The Educational Benefits Of Diversity, Vinay Harpalani

Duke Journal of Constitutional Law & Public Policy

No abstract provided.


Procedural Checks: How The Constitution (And Congress) Control The Power Of The Three Branches, Todd David Peterson Jan 2018

Procedural Checks: How The Constitution (And Congress) Control The Power Of The Three Branches, Todd David Peterson

Duke Journal of Constitutional Law & Public Policy

No abstract provided.


Why Deporting Immigrants For “Crimes Involving Moral Turpitude” Is Now Unconstitutional, Lindsay M. Kornegay, Evan Tsen Lee Jan 2018

Why Deporting Immigrants For “Crimes Involving Moral Turpitude” Is Now Unconstitutional, Lindsay M. Kornegay, Evan Tsen Lee

Duke Journal of Constitutional Law & Public Policy

In the best of times, immigrants should only be deported according to the rule of law and not by the whim of executive branch officials. Now, it is imperative. Yet the statute authorizing removal of immigrants for “crimes involving moral turpitude” invites officials to base their prosecutorial choices on political or personal views. As a result, defense attorneys advising their clients on the immigration consequences of pleas have no basis for prediction. Although the Supreme Court long ago rejected the argument that the “moral turpitude” clause was void for vagueness, one of the Court’s most recent decisions now makes that …