Digital Commons Network^™

Match Up: Increasing Disclosure Of Facial Recognition Technology With Criminal Discovery Rules, Paget Barranco

Duke Journal of Constitutional Law & Public Policy

No abstract provided.

Reason And Rhetoric In Edwards V. Vannoy, Richard M. Re

Duke Journal of Constitutional Law & Public Policy

Judicial reasoning and rhetoric should be mutually reinforcing, but often they end up at odds. Edwards v. Vannoy offers an unusually rich opportunity to explore this tension. First, the watershed exception, though declared "moribund," may actually have survived. Second, Justice Gorsuch’s ostensibly strict judgment-based approach arguably called for providing relief in Edwards. Third, majority coalitions have a counterintuitive incentive, rooted in rhetoric, to overrule relatively insignificant precedents. Fourth, Edwards featured charges of personal inconsistency that both reflect and facilitate the erosion of conventional legal argument. Finally, the legal system may benefit from the superficial and even fallacious reasoning often …

Paving The Way For Mindreading: Re-Interpreting "Coercion" In Article 17 Of The Third Geneva Convention, John Zarrilli

Duke Journal of Constitutional Law & Public Policy

No abstract provided.

Getting It Right: Whether To Overturn Qualified Immunity, David D. Coyle

Duke Journal of Constitutional Law & Public Policy

Qualified immunity, the defense available to police officers and other government officials facing civil rights lawsuits, has increasingly come under attack. In recent opinions, Justice Clarence Thomas has noted his growing concern that the Court's current qualified immunity jurisprudence, which deals with whether a right is "clearly established", strays from Congress's intent in enacting the Civil Rights Act of 1871 (the statute giving rise to civil rights claims). Other jurists and legal scholars similarly criticize the doctrine, with many calling for the Court to revisit its qualified immunity jurisprudence and abolish or significantly alter the doctrine.

Given that the Court's …

Federal Prosecutorial Independence, Todd David Peterson

Duke Journal of Constitutional Law & Public Policy

Of all the controversial presidential actions during President Trump’s first three years in office, few challenged the norms of presidential behavior more than his constant barrage of attacks on his own Department of Justice. President Trump violated traditional norms governing the relationship between the White House and the Department of Justice in two distinct ways. First, on Twitter and in other public statements, he repeatedly called upon the Department to investigate political opponents. Second, the President repeatedly attacked the Department’s investigation of Russian interference with the 2016 presidential election (“the Mueller investigation”) and other investigations relating to the misconduct of …

Abolishing Death, Renee Knake

Duke Journal of Constitutional Law & Public Policy

No abstract provided.

One Way Or Another The Death Penalty Will Be Abolished, But Only After The Public No Longer Has Confidence In Its Use, James E. Coleman

Duke Journal of Constitutional Law & Public Policy

No abstract provided.

Arbitrary Detention? The Immigration Detention Bed Quota, Anita Sinha

Duke Journal of Constitutional Law & Public Policy

When President Obama took office in 2009, Congress through appropriations linked the U.S. Department of Homeland Security’s (DHS) funding to “maintaining” 33,400 immigration detention beds a day. This provision, what this Article refers to as the bed quota, remains in effect, except now the mandate is 34,000 beds a day. Since 2009, DHS detentions of non-citizens have gone up by nearly 25 percent. To accommodate for this significant spike over a relatively short period of time, the federal government has relied considerably on private prison corporations to build and operate immigration detention facilities.

This Article takes a comprehensive look at …

The Potential Utility Of Disciplinary Regulation As A Remedy For Abuses Of Prosecutorial Discretion, Samuel J. Levine

Duke Journal of Constitutional Law & Public Policy

No abstract provided.

Empirical Analysis And The Fate Of Capital Punishment, John J. Donohue

Duke Journal of Constitutional Law & Public Policy

In his dissenting opinion in Glossip v. Gross, Justice Breyer attempted to give content to the Supreme Court’s prior command in Atkins v. Virginia that unless the imposition of the death penalty “measurably contributes to one or both of [the legitimate penological goals of deterrence and retribution], it ‘is nothing more than the purposeless and needless imposition of pain and suffering,’ and hence an unconstitutional punishment.” Justice Breyer’s opinion illuminates the central role that empirical studies have played in death penalty litigation since Furman v. Georgia on issues ranging from the lack of deterrence associated with the death …

Un-Gregg-Ulated: Capital Charging And The Missing Mandate Of Gregg V. Georgia, Sherod Thaxton

Duke Journal of Constitutional Law & Public Policy

No abstract provided.

The Challenges Of “Improving” The Modern Death Penalty, Douglas A. Berman

Duke Journal of Constitutional Law & Public Policy

No abstract provided.

Getting Juvenile Life Without Parole “Right” After Miller V. Alabama, Doriane L. Coleman, James E. Coleman Jr.

Duke Journal of Constitutional Law & Public Policy

No abstract provided.

The Content Of Confrontation, Lisa Kern Griffin

Duke Journal of Constitutional Law & Public Policy

No abstract provided.

Criminalizing Support For Terrorism: A Comparative Perspective, Adam Tomkins

Duke Journal of Constitutional Law & Public Policy

No abstract provided.

Graham V. Florida: Justice Kennedy’S Vision Of Childhood And The Role Of Judges, Tamar R. Birckhead

Duke Journal of Constitutional Law & Public Policy

No abstract provided.

The Bush Administration And Civil Rights: Lessons Learned, Goodwin Liu

Duke Journal of Constitutional Law & Public Policy

No abstract provided.

Reforming Eyewitness Identification Procedures Under The Fourth Amendment, Sarah Anne Mourer

Duke Journal of Constitutional Law & Public Policy

No abstract provided.