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Full-Text Articles in Law
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
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
“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
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
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 …
How Does The Law Put A Historical Analogy To Work?: Defining The Imposition Of “A Condition Analogous To That Of A Slave” In Modern Brazil, Rebecca J. Scott, Leonardo Augusto De Andrade Barbosa, Carlos Henrique Borlido Haddad
How Does The Law Put A Historical Analogy To Work?: Defining The Imposition Of “A Condition Analogous To That Of A Slave” In Modern Brazil, Rebecca J. Scott, Leonardo Augusto De Andrade Barbosa, Carlos Henrique Borlido Haddad
Duke Journal of Constitutional Law & Public Policy
No abstract provided.
Journal Staff
Duke Journal of Constitutional Law & Public Policy
No abstract provided.
Custody: Kids, Counsel And The Constitution, Amy E. Halbrook
Custody: Kids, Counsel And The Constitution, Amy E. Halbrook
Duke Journal of Constitutional Law & Public Policy
Fifty years ago, the United States Supreme Court in In re Gault held that children have the constitutional right to traditional counsel in cases where their physical liberty interests are at stake. As a result, children are provided counsel during the adjudication phase of delinquency proceedings in order to ensure protection of their rights. Gault did not, however, extend the automatic right to traditional counsel to other contexts in which children most frequently appear in court: family law cases.
This Article explores whether a child’s right to traditional counsel should be extended to children in the private custody context. The …
Breaking The Cycle: Countering Voter Initiatives And The Underrepresentation Of Racial Minorities In The Political Process, Kristen Barnes
Breaking The Cycle: Countering Voter Initiatives And The Underrepresentation Of Racial Minorities In The Political Process, Kristen Barnes
Duke Journal of Constitutional Law & Public Policy
This Article examines issues of inequality in education, minority representation, and access to the political process. The Article considers constitutional protections and other legal mechanisms available to racial minorities to nullify or circumnavigate majoritarian voter initiatives that seek to override federal constitutional guarantees and United States Supreme Court holdings on the validity of the use of race in university admissions decisions. Voter initiatives have been used to undermine the socio-economic and political interests of vulnerable communities. In the education realm, affirmative action opponents are increasingly adopting this instrument to defeat race-conscious admissions policies. This Article focuses on several seminal cases …
Arbitrary Detention? The Immigration Detention Bed Quota, Anita Sinha
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 …
Journal Staff
Duke Journal of Constitutional Law & Public Policy
No abstract provided.
Fraud On The Market After Amgen, James D. Cox
Fraud On The Market After Amgen, James D. Cox
Duke Journal of Constitutional Law & Public Policy
No abstract provided.
Fisher V. University Of Texas: Who Put The Holes In “Holistic”?, Rodney A. Smolla
Fisher V. University Of Texas: Who Put The Holes In “Holistic”?, Rodney A. Smolla
Duke Journal of Constitutional Law & Public Policy
No abstract provided.
The Right To “Do Politics” And Not Just To Speak: Thinking About The Constitutional Protections For Political Action, Robert F. Bauer
The Right To “Do Politics” And Not Just To Speak: Thinking About The Constitutional Protections For Political Action, Robert F. Bauer
Duke Journal of Constitutional Law & Public Policy
No abstract provided.
Interning Dissent: The Law Of Large Political Events, Aaron Johnson
Interning Dissent: The Law Of Large Political Events, Aaron Johnson
Duke Journal of Constitutional Law & Public Policy
No abstract provided.
Five Justices, Section 4, And Three Ways Forward In Voting Rights, Kareem Crayton, Jane Junn
Five Justices, Section 4, And Three Ways Forward In Voting Rights, Kareem Crayton, Jane Junn
Duke Journal of Constitutional Law & Public Policy
No abstract provided.
Citizenship And The Law Of Time In The United States, Elizabeth F. Cohen
Citizenship And The Law Of Time In The United States, Elizabeth F. Cohen
Duke Journal of Constitutional Law & Public Policy
No abstract provided.
Immigration Structuralism: A Return To Form, David S. Rubenstein
Immigration Structuralism: A Return To Form, David S. Rubenstein
Duke Journal of Constitutional Law & Public Policy
No abstract provided.
The Forgotten Equality Norm In Immigration Preemption: Discrimination, Harassment, And The Civil Rights Act Of 1870, Lucas Guttentag
The Forgotten Equality Norm In Immigration Preemption: Discrimination, Harassment, And The Civil Rights Act Of 1870, Lucas Guttentag
Duke Journal of Constitutional Law & Public Policy
No abstract provided.
Justifying Power: Federalism, Immigration, And ‘Foreign Affairs’, Erin F. Delaney
Justifying Power: Federalism, Immigration, And ‘Foreign Affairs’, Erin F. Delaney
Duke Journal of Constitutional Law & Public Policy
No abstract provided.
Delegating Away The Unitary Executive: Reviewing Ina § 287(G) Agreements Through The Lens Of The Unitary Executive Theory, Matthew A. Smith
Delegating Away The Unitary Executive: Reviewing Ina § 287(G) Agreements Through The Lens Of The Unitary Executive Theory, Matthew A. Smith
Duke Journal of Constitutional Law & Public Policy
No abstract provided.
Making The Most Of United States V. Jones In A Surveillance Society: A Statutory Implementation Of Mosaic Theory, Christopher Slobogin
Making The Most Of United States V. Jones In A Surveillance Society: A Statutory Implementation Of Mosaic Theory, Christopher Slobogin
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.
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.
“Abandoned… Without A Word Of Warning”: Perspectives On Maples V. Thomas, Deborah A. Demott
“Abandoned… Without A Word Of Warning”: Perspectives On Maples V. Thomas, Deborah A. Demott
Duke Journal of Constitutional Law & Public Policy
No abstract provided.
Clarity At Sentencing Deferred: How Dorsey V. United States Could Have Reformed Federal Sentencing, Jonathan Ross
Clarity At Sentencing Deferred: How Dorsey V. United States Could Have Reformed Federal Sentencing, Jonathan Ross
Duke Journal of Constitutional Law & Public Policy
No abstract provided.
Why Originalism Won’T Die - Common Mistakes In Competing Theories Of Judicial Interpretation, Tara Smith
Why Originalism Won’T Die - Common Mistakes In Competing Theories Of Judicial Interpretation, Tara Smith
Duke Journal of Constitutional Law & Public Policy
In the debate over proper judicial interpretation of the law, the doctrine of Originalism has been subjected to numerous seemingly fatal criticisms. Despite the exposure of flaws that would normally bury a theory, however, Originalism continues to attract tremendous support, seeming to many to be the most sensible theory on offer. This Article examines its resilient appeal (with a particular focus on Scalia’s Textualism). By surveying and identifying the fundamental weaknesses of three of the leading alternatives to Originalism (Popular Will theory, Dworkin’s value theory, and Judicial Minimalism), the Article demonstrates that the heart of Originalism’s appeal rests in its …