Open Access. Powered by Scholars. Published by Universities.®

Law Commons

Open Access. Powered by Scholars. Published by Universities.®

Duke Law

Discipline
Keyword
Publication Year
Publication
Publication Type
File Type

Articles 1 - 30 of 12328

Full-Text Articles in Law

Unconstitutionally Illegitimate Discrimination, Brandon L. Garrett Jan 2019

Unconstitutionally Illegitimate Discrimination, Brandon L. Garrett

Faculty Scholarship

When government officials express intent to disparage or discriminate against a group, the constitutional consequences can be severe, but they are rarely imposed. In this Article, I argue that discriminatory motive is and should be enough to declare government acts unconstitutional. Second, I argue that the main reason why is the harm to government legitimacy. While some argue that the concern with intentional discrimination is its harm, such as its stigmatizing effect, I argue that the focus should not be on harm, but on how it delegitimizes government. I make the descriptive claim that Constitutional doctrine, in its broad outlines ...


Finding Law, Stephen E. Sachs Jan 2019

Finding Law, Stephen E. Sachs

Faculty Scholarship

That the judge's task is to find the law, not to make it, was once a commonplace of our legal culture. Today, decades after Erie, the idea of a common law discovered by judges is commonly dismissed -- as a "fallacy," an "illusion," a "brooding omnipresence in the sky." That dismissive view is wrong. Expecting judges to find unwritten law is no childish fiction of the benighted past, but a real and plausible option for a modern legal system.

This Essay seeks to restore the respectability of finding law, in part by responding to two criticisms made by Erie and ...


Data Indicate Second Amendment Underenforcement, David Kopel Sep 2018

Data Indicate Second Amendment Underenforcement, David Kopel

Duke Law Journal Online

No abstract provided.


Comment On Ruben And Blocher: Too Damn Many Cases, And An Absent Supreme Court, Sanford Levinson Sep 2018

Comment On Ruben And Blocher: Too Damn Many Cases, And An Absent Supreme Court, Sanford Levinson

Duke Law Journal Online

No abstract provided.


Is The Second Amendment A Second-Class Right?, Adam M. Samaha, Roy Germano Sep 2018

Is The Second Amendment A Second-Class Right?, Adam M. Samaha, Roy Germano

Duke Law Journal Online

No abstract provided.


You Can Lead A Horse To Water: Heller And The Future Of Second Amendment Scholarship, Eric Ruben, Joseph Blocher Sep 2018

You Can Lead A Horse To Water: Heller And The Future Of Second Amendment Scholarship, Eric Ruben, Joseph Blocher

Duke Law Journal Online

No abstract provided.


The Constitutional Politics Heller Launched, Michael C. Dorf Sep 2018

The Constitutional Politics Heller Launched, Michael C. Dorf

Duke Law Journal Online

No abstract provided.


Collaborate Construction Of A New Legal Field, Ronald F. Wright, Mark A. Hall Sep 2018

Collaborate Construction Of A New Legal Field, Ronald F. Wright, Mark A. Hall

Duke Law Journal Online

No abstract provided.


Romanticism Meets Realism In Second Amendment Adjudication, Darrell A. H. Miller Sep 2018

Romanticism Meets Realism In Second Amendment Adjudication, Darrell A. H. Miller

Duke Law Journal Online

No abstract provided.


A Close Reading Of An Excellent Distant Reading Of Heller In The Courts, George A. Mocsary Sep 2018

A Close Reading Of An Excellent Distant Reading Of Heller In The Courts, George A. Mocsary

Duke Law Journal Online

No abstract provided.


Racing On Two Different Tracks: Using Substantive Due Process To Challenge Tracking In Schools, Katarina Wong Aug 2018

Racing On Two Different Tracks: Using Substantive Due Process To Challenge Tracking In Schools, Katarina Wong

Duke Journal of Constitutional Law & Public Policy Sidebar

Tracking is a widespread educational practice where secondary schools divide students into different classes or “tracks” based on their previous achievements and perceived abilities. Tracking produces different levels of classes, from low ability to high ability, based on the theory that students learn better when grouped with others at their own level. However, tracking often segregates students of color and low socioeconomic status into low-tracked classes and these students do not receive the same educational opportunities as white and/or wealthier students. Students and parents have historically challenged tracking structures in their schools using an Equal Protection Clause framework. However ...


Public Programs, Private Financing, Margaret H. Lemos, Guy-Uriel Charles Jun 2018

Public Programs, Private Financing, Margaret H. Lemos, Guy-Uriel Charles

Law and Contemporary Problems

No abstract provided.


Beyond Nature? Genomic Modification And The Future Of Humanity, Julia D. Mahoney, Gil Siegal Jun 2018

Beyond Nature? Genomic Modification And The Future Of Humanity, Julia D. Mahoney, Gil Siegal

Law and Contemporary Problems

No abstract provided.


Health And Housing: Altruistic Medicalization Of America’S Affordability Crisis, Dayna Bowen Matthew Jun 2018

Health And Housing: Altruistic Medicalization Of America’S Affordability Crisis, Dayna Bowen Matthew

Law and Contemporary Problems

No abstract provided.


Journal Staff Jun 2018

Journal Staff

Law and Contemporary Problems

No abstract provided.


Moral Nimby-Ism? Understanding Societal Support For Monetary Compensation To Plasma Donors In Canada, Nicola Lacetera, Mario Macis Jun 2018

Moral Nimby-Ism? Understanding Societal Support For Monetary Compensation To Plasma Donors In Canada, Nicola Lacetera, Mario Macis

Law and Contemporary Problems

No abstract provided.


The Trouble With Gig Talk: Choice Of Narrative And The Worker Classification Fights, Shu-Yi Oei Jun 2018

The Trouble With Gig Talk: Choice Of Narrative And The Worker Classification Fights, Shu-Yi Oei

Law and Contemporary Problems

No abstract provided.


Cheap Sentiment, Claire A. Hill Jun 2018

Cheap Sentiment, Claire A. Hill

Law and Contemporary Problems

No abstract provided.


If We Allow Football Players And Boxers To Be Paid For Entertaining The Public, Why Don’T We Allow Kidney Donors To Be Paid For Saving Lives?, Philip J. Cook, Kimberly D. Krawiec Jun 2018

If We Allow Football Players And Boxers To Be Paid For Entertaining The Public, Why Don’T We Allow Kidney Donors To Be Paid For Saving Lives?, Philip J. Cook, Kimberly D. Krawiec

Law and Contemporary Problems

No abstract provided.


Beyond Gift And Bargain: Some Suggestions For Increasing Kidney Exchanges, Nathan B. Oman Jun 2018

Beyond Gift And Bargain: Some Suggestions For Increasing Kidney Exchanges, Nathan B. Oman

Law and Contemporary Problems

No abstract provided.


Foreword: Altruism, Community, And Markets, Kimberly D. Krawiec, Julia D. Mahoney, Sally L. Satel Jun 2018

Foreword: Altruism, Community, And Markets, Kimberly D. Krawiec, Julia D. Mahoney, Sally L. Satel

Law and Contemporary Problems

No abstract provided.


Impact Investment In Marine Conservation, Nicholas Pascal, Angelique Brathwaite, Maxime Philip, Melissa Walsh Jun 2018

Impact Investment In Marine Conservation, Nicholas Pascal, Angelique Brathwaite, Maxime Philip, Melissa Walsh

Duke Environmental Law & Policy Forum

No abstract provided.


How One California Aquarium Is Developing An Ocean Conservation Strategy With Global Impact, Margaret Spring Jun 2018

How One California Aquarium Is Developing An Ocean Conservation Strategy With Global Impact, Margaret Spring

Duke Environmental Law & Policy Forum

This article discusses the ways in which the Monterey Bay Aquarium is pursuing its mission “to inspire conservation of the ocean”—including and beyond its visitor programs and education initiatives. The Aquarium is reshaping the global seafood supply chain by integrating its scientific research with the Aquarium’s growing influence in ocean policy. With the world’s life-sustaining aquatic ecosystems in decline, there is no time to lose.


An Innovative, Collaborative Approach To Addressing The Sources Of Marine Debris In North Carolina, Talia Sechley, Michelle Nowlin Jun 2018

An Innovative, Collaborative Approach To Addressing The Sources Of Marine Debris In North Carolina, Talia Sechley, Michelle Nowlin

Duke Environmental Law & Policy Forum

No abstract provided.


At The Intersection Of Science & Policy: International Shark Conservation & Management, Andrew M. Futerman Jun 2018

At The Intersection Of Science & Policy: International Shark Conservation & Management, Andrew M. Futerman

Duke Environmental Law & Policy Forum

No abstract provided.


Trouble In The Caribbean: Responses To A Potential Chinese-Bahamian Bilateral Fishing Agreement, Kyle Elliott Jun 2018

Trouble In The Caribbean: Responses To A Potential Chinese-Bahamian Bilateral Fishing Agreement, Kyle Elliott

Duke Environmental Law & Policy Forum

As of 2011, the Caribbean Sea was one of the only fisheries unoccupied by China’s Distant Water Fleet (DWF). However, in 2016, officials from the People’s Republic of China and the Bahamas discussed a proposal for a bilateral commercial fishing agreement in Bahamian waters. An official agreement was never proposed, but given the notoriety of China’s DFW and the Bahamas’ monitoring and enforcement problems, such an agreement could have devastating impacts on the Caribbean fishery.

The proposal received international criticism from fishermen, scientists, and politicians, demonstrating the perennial conflict between the global commercial fishing industry and those ...


Journal Staff Jun 2018

Journal Staff

Duke Environmental Law & Policy Forum

No abstract provided.


Legislative Entrenchment And Federal Fiscal Policy, Michael Doran Jun 2018

Legislative Entrenchment And Federal Fiscal Policy, Michael Doran

Law and Contemporary Problems

No abstract provided.


Tax Law And The Eroding Budget Process, Rebecca M. Kysar Jun 2018

Tax Law And The Eroding Budget Process, Rebecca M. Kysar

Law and Contemporary Problems

No abstract provided.


“Who Speaks For Tax Equity And Tax Fairness?” The Emergence Of The Organized Tax Bar And The Dilemmas Of Professional Responsibility, Joseph J. Thorndike, Ajay K. Mehrotra Jun 2018

“Who Speaks For Tax Equity And Tax Fairness?” The Emergence Of The Organized Tax Bar And The Dilemmas Of Professional Responsibility, Joseph J. Thorndike, Ajay K. Mehrotra

Law and Contemporary Problems

No abstract provided.