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Full-Text Articles in Law
Ohio V. Clark: Testimonial Statements Under The Confrontation Clause, Mesha Sloss
Ohio V. Clark: Testimonial Statements Under The Confrontation Clause, Mesha Sloss
Duke Journal of Constitutional Law & Public Policy Sidebar
In Crawford v. Washington, the Supreme Court declared that an accused right under the Constitution to confront the witnesses against him applied only to “testimonial statements.” That decision, however, did not attempt to fully define the scope of testimonial statements. This commentary analyzes Ohio v. Clark, a case which will decide the question of whether statements made by a child to a person with a duty to report allegations of child abuse are testimonial statements. In this case a young child was questioned at school by a teaching assistant about his injuries. This statement was then offered in …
Keeping Civil Rights Debates Civil: Removing Opportunities For Prejudice, Steven Saracco
Keeping Civil Rights Debates Civil: Removing Opportunities For Prejudice, Steven Saracco
Duke Journal of Constitutional Law & Public Policy Sidebar
Title VII of the Civil Rights Act of 1964 prohibits discrimination on the basis of religion in employment decisions made by private employers. This commentary analyzes Equal Employment Opportunity Commission v. Abercrombie & Fitch, a case before the Supreme Court on the issue of whether a job applicant bears the burden of expressly notifying an employer of a conflict between the applicant’s religious beliefs and the employer’s policies before the employer must offer a reasonable accommodation. This case deals with a Muslim woman who was denied employment at a clothing store because her headdress was deemed to be a …
Zivotofsky V. Kerry: Of Passports, Politics, And Foreign Policy Powers, Cara J. Grand
Zivotofsky V. Kerry: Of Passports, Politics, And Foreign Policy Powers, Cara J. Grand
Duke Journal of Constitutional Law & Public Policy Sidebar
This commentary profiles the upcoming Supreme Court decision in Zivotofsky v. Kerry, which will decide, for the first time in United States history, the dividing line between legislative and executive authority to recognize foreign nations. Though it emanates from a seemingly-benign passport disagreement about a place-of-birth designation, this case will address an unprecedented and extremely controversial issue about separation of powers that has somehow evaded a Supreme Court decision. The Author profiles the case history and applicable legal precedent and analyzes the arguments for both sides before recommending that the Court should not find the President's power in this …
Bond V. United States. Deciphering Missouri V. Holland And The Scope Of Congress's Powers When Implementing A Non-Self-Executing Treaty, Stephanie Peral
Bond V. United States. Deciphering Missouri V. Holland And The Scope Of Congress's Powers When Implementing A Non-Self-Executing Treaty, Stephanie Peral
Duke Journal of Constitutional Law & Public Policy Sidebar
This commentary previews an upcoming Supreme Court case, Bond v. United States. What started as an act of revenge by a jealous wife will require the Supreme Court to examine a ninety-year old precedent concerning the extent of Congress's powers when acting pursuant to a treaty and whether a valid treaty allows Congress to act without being limited by the Article I enumerated powers.
A Bridge Too Far: The Limits Of The Political Process Doctrine In Schuette V. Coalition To Defend Affirmative Action, Christopher E. D'Alessio
A Bridge Too Far: The Limits Of The Political Process Doctrine In Schuette V. Coalition To Defend Affirmative Action, Christopher E. D'Alessio
Duke Journal of Constitutional Law & Public Policy Sidebar
This commentary previews an upcoming Supreme Court case, Schuette v. Coalition to Defend Affirmative Action, in which the Court will consider whether Michigan violated the Equal Protection Clause of the Fourteenth Amendment by amending its constitution to prohibit race-based preferential treatment in public-university admissions decisions.
Kaley V. United States: The Right To Counsel Of Choice Caught In The Wide Net Of Asset Forfeiture, Adam J. Fine
Kaley V. United States: The Right To Counsel Of Choice Caught In The Wide Net Of Asset Forfeiture, Adam J. Fine
Duke Journal of Constitutional Law & Public Policy Sidebar
This commentary previews an upcoming Supreme Court case, Kaley v. United States, in which the Court may decide whether a defendant who needs potentially forfeitable assets to retain counsel of choice is entitled, under the Due Process Clause, to a hearing to challenge the grand jury's finding of probable cause.
The Voting Rights Act's Fight To Stay Rational: Shelby County V. Holder, Sudeep Paul
The Voting Rights Act's Fight To Stay Rational: Shelby County V. Holder, Sudeep Paul
Duke Journal of Constitutional Law & Public Policy Sidebar
This commentary previews an upcoming Supreme Court case, Shelby County v. Holder, in which the Court may decide whether Congress's 2006 reauthorization of Section 5 and Section 4(b) of the Voting Rights Act was constitutional.
Maryland V. King: The Fourth Amendment Spirals Down The Double Helix, Sitara V. Witanachchi
Maryland V. King: The Fourth Amendment Spirals Down The Double Helix, Sitara V. Witanachchi
Duke Journal of Constitutional Law & Public Policy Sidebar
This commentary previews an upcoming Supreme Court case, Maryland v. King, in which the Court may decide whether requiring an arrestee to submit to a buccal swab for identification purposes violates the arrestee's privacy interests under the Fourth Amendment.
Determining Rights To Resell: Kirtsaeng V. John Wiley & Sons, Sandra Yoo
Determining Rights To Resell: Kirtsaeng V. John Wiley & Sons, Sandra Yoo
Duke Journal of Constitutional Law & Public Policy Sidebar
This commentary previews an upcoming Supreme Court case, Kirtsaeng v. John Wiley & Sons, in which the Court will decide whether the "first sale" doctrine applies to foreign-made copies. Broadly, the case will determine the ability of manufacturers to control the distribution of foreign-made copies once they have been sold and asks the Court to resolve a circuit split on the correct interpretation of the relevant provisions of the Copyright Act.
The Prying Nose: Florida V. Jardines And Warrantless Dog-Sniff Tests On Private Property, Ali Mirsaidi
The Prying Nose: Florida V. Jardines And Warrantless Dog-Sniff Tests On Private Property, Ali Mirsaidi
Duke Journal of Constitutional Law & Public Policy Sidebar
This commentary previews an upcoming Supreme Court case, Florida v. Jardines, in which the Court will decide whether a dog-sniff test at the front door of a home constitutes a Fourth Amendment search. The case asks the Court to resolve its prior decisions holding that dog-sniff tests are minimally intrusive when conducted in public with its decisions affording higher protections for searches of private residences.
Clapper V. Amnesty International: Who Has Standing To Challenge Government Surveillance?, Elisa Sielski
Clapper V. Amnesty International: Who Has Standing To Challenge Government Surveillance?, Elisa Sielski
Duke Journal of Constitutional Law & Public Policy Sidebar
This commentary previews an upcoming Supreme Court case, Clapper v. Amnesty International, in which the Court will examine whether plaintiffs have standing to challenge possible government surveillance under the Foreign Intelligence Surveillance Act. In so doing, the Court will have to revisit the standards for standing in surveillance cases in light of Laird v. Tatum and a circuit split stemming from that case.
Take The Money And Run: Detainment Incident To A Search Warrant In Bailey V. United States, Alexander Hall
Take The Money And Run: Detainment Incident To A Search Warrant In Bailey V. United States, Alexander Hall
Duke Journal of Constitutional Law & Public Policy Sidebar
This commentary previews an upcoming Supreme Court case, Bailey v. United States, in which the Court will examine the scope of permissible non-arrest seizures in the context of a detainment incident to a search warrant. The case offers the Court an opportunity to clarify its holding in Michigan v. Summers--that occupants of premises being searched pursuant to a valid warrant may be detained during the search--by determining whether such a detainment is permissible when the occupants have left the premises.
Affirmative Action On Life Support: Fisher V. University Of Texas At Austin And The End Of Not-So-Strict Scrutiny, Jonathan W. Rash
Affirmative Action On Life Support: Fisher V. University Of Texas At Austin And The End Of Not-So-Strict Scrutiny, Jonathan W. Rash
Duke Journal of Constitutional Law & Public Policy Sidebar
No abstract provided.
Warrantless Gps In United States V. Jones: Is 2011 The New 1984?, Edward Boehme
Warrantless Gps In United States V. Jones: Is 2011 The New 1984?, Edward Boehme
Duke Journal of Constitutional Law & Public Policy Sidebar
No abstract provided.
Golan V. Holder: Congressional Power Under The Copyright Clause And The First Amendment, Claire Fong
Golan V. Holder: Congressional Power Under The Copyright Clause And The First Amendment, Claire Fong
Duke Journal of Constitutional Law & Public Policy Sidebar
No abstract provided.
Laying Privileges Or Immunities To Rest: Mcdonald V. City Of Chicago, B. Aubrey Smith
Laying Privileges Or Immunities To Rest: Mcdonald V. City Of Chicago, B. Aubrey Smith
Duke Journal of Constitutional Law & Public Policy Sidebar
No abstract provided.
United States V. Comstock: Justifying The Civil Commitment Of Sexually Dangerous Offenders, Halerie Mahan
United States V. Comstock: Justifying The Civil Commitment Of Sexually Dangerous Offenders, Halerie Mahan
Duke Journal of Constitutional Law & Public Policy Sidebar
No abstract provided.
Briscoe V. Virginia: Reexamining The Scope Of Melendez-Diaz, Caroline Mix
Briscoe V. Virginia: Reexamining The Scope Of Melendez-Diaz, Caroline Mix
Duke Journal of Constitutional Law & Public Policy Sidebar
No abstract provided.
Padilla V. Kentucky: Immigration Consequences Due To The Ineffective Assistance Of Counsel, Evangeline Pittman
Padilla V. Kentucky: Immigration Consequences Due To The Ineffective Assistance Of Counsel, Evangeline Pittman
Duke Journal of Constitutional Law & Public Policy Sidebar
No abstract provided.
Death Behind Bars: Examining Juvenile Life Without Parole In Sullivan V. Florida And Graham V. Florida, Lauren Fine
Death Behind Bars: Examining Juvenile Life Without Parole In Sullivan V. Florida And Graham V. Florida, Lauren Fine
Duke Journal of Constitutional Law & Public Policy Sidebar
No abstract provided.
The Demise Of The Voting Rights Act?: A Preview Of Northwest Austin Municipal District Number One V. Holder, Christopher F. Moriarty
The Demise Of The Voting Rights Act?: A Preview Of Northwest Austin Municipal District Number One V. Holder, Christopher F. Moriarty
Duke Journal of Constitutional Law & Public Policy Sidebar
No abstract provided.
The Search For Meaning In Republic Of Iraq V. Beaty, Jennifer Price
The Search For Meaning In Republic Of Iraq V. Beaty, Jennifer Price
Duke Journal of Constitutional Law & Public Policy Sidebar
No abstract provided.
Why The Incompatibility Clause Applies To The Office Of The President, Saikrishna Bangalore Prakash
Why The Incompatibility Clause Applies To The Office Of The President, Saikrishna Bangalore Prakash
Duke Journal of Constitutional Law & Public Policy Sidebar
Professor Saikrishna Bangalore Prakash responds to Mr. Seth Barret Tillman's Article and defends the traditional interpretation of the Incompatibility Clause, under which a President is prohibited from simultaneously serving as a congressional representative. The ramifications that would result if a President could also hold a position in the Senate or the House of Representatives, Professor Prakash argues, are too problematic for Mr. Tillman's reading to replace the traditional understanding of the Incompatibility Clause. Therefore, the next President, whether Senator McCain or Senator Obama, would need to resign from the Senate before assuming the Executive Office.
Why Our Next President May Keep His Or Her Senate Seat: A Conjecture On The Constitution’S Incompatibility Clause, Seth Barrett Tillman
Why Our Next President May Keep His Or Her Senate Seat: A Conjecture On The Constitution’S Incompatibility Clause, Seth Barrett Tillman
Duke Journal of Constitutional Law & Public Policy Sidebar
In this Article, Mr. Seth Barrett Tillman challenges the traditional interpretation of the Incompatibility Clause and argues that the President may serve both as the Chief Executive and as a member of Congress. Mr. Tillman utilizes the text, history, and structure of the Constitution to support his position. He ultimately concludes that whoever serves as the next President -- Senator Obama or Senator McCain -- need not resign from the Senate before assuming the Executive Office.