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Articles 91 - 120 of 3420

Full-Text Articles in Law

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.


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.


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.


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 ...


Evaluating Judges And Judicial Institutions: Reorienting The Perspective, Mitu Gulati, David E. Klein, David F. Levi May 2018

Evaluating Judges And Judicial Institutions: Reorienting The Perspective, Mitu Gulati, David E. Klein, David F. Levi

Duke Law Journal Online

No abstract provided.


Investigating Judicial Responses To Rules, Emily Sherwin May 2018

Investigating Judicial Responses To Rules, Emily Sherwin

Duke Law Journal Online

No abstract provided.


Talking Judges, Jack Knight, Mitu Gulati May 2018

Talking Judges, Jack Knight, Mitu Gulati

Duke Law Journal Online

No abstract provided.


Diversity, Tenure, And Dissent, Joanna Shepherd May 2018

Diversity, Tenure, And Dissent, Joanna Shepherd

Duke Law Journal Online

No abstract provided.


Quantitative Legal History—Empirics And The Rule Of Law In The Antebellum Judiciary, Alfred L. Brophy May 2018

Quantitative Legal History—Empirics And The Rule Of Law In The Antebellum Judiciary, Alfred L. Brophy

Duke Law Journal Online

No abstract provided.


Justice And Judgment Among The Whomever: An Anthropological Approach To Judging, John Conley May 2018

Justice And Judgment Among The Whomever: An Anthropological Approach To Judging, John Conley

Duke Law Journal Online

No abstract provided.


Evaluating Judges, Harris Hartz May 2018

Evaluating Judges, Harris Hartz

Duke Law Journal Online

No abstract provided.


Distinguishing Causal And Normative Questions In Empirical Studies Of Judging, Patrick S. Shin May 2018

Distinguishing Causal And Normative Questions In Empirical Studies Of Judging, Patrick S. Shin

Duke Law Journal Online

No abstract provided.


Devising Rule Of Law Baselines: The Next Step In Quantitative Studies Of Judging, Brian Z. Tamanaha May 2018

Devising Rule Of Law Baselines: The Next Step In Quantitative Studies Of Judging, Brian Z. Tamanaha

Duke Law Journal Online

No abstract provided.


Compelled Speech, Expressive Conduct, And Wedding Cakes: A Commentary On Masterpiece Cakeshop V. Colorado Civil Rights Commission, Andrew Jensen Apr 2018

Compelled Speech, Expressive Conduct, And Wedding Cakes: A Commentary On Masterpiece Cakeshop V. Colorado Civil Rights Commission, Andrew Jensen

Duke Journal of Constitutional Law & Public Policy Sidebar

Masterpiece Cakeshop v. Colorado Civil Rights Commission is the most important same-sex rights case since Obergefell v. Hodges and will determine if businesses and individuals have a First Amendment right to refuse serving gay weddings against their conscience. In this case, Jack Phillips, owner of Masterpiece Cakeshop, refused to create a custom cake for Charlie Craig and David Mullins to celebrate their wedding because it was against his Christian beliefs. The Supreme Court will decide whether the First Amendment gave Phillips this right of refusal or whether Colorado’s anti-discrimination laws will compel him to serve same-sex weddings. This commentary ...


Compelled Speech, Expressive Conduct, And Wedding Cakes: A Commentary On Masterpiece Cakeshop V. Colorado Civil Rights Commission, Andrew Jensen Apr 2018

Compelled Speech, Expressive Conduct, And Wedding Cakes: A Commentary On Masterpiece Cakeshop V. Colorado Civil Rights Commission, Andrew Jensen

Duke Journal of Constitutional Law & Public Policy Sidebar

Masterpiece Cakeshop v. Colorado Civil Rights Commission is the most important same-sex rights case since Obergefell v. Hodges and will determine if businesses and individuals have a First Amendment right to refuse serving gay weddings against their conscience. In this case, Jack Phillips, owner of Masterpiece Cakeshop, refused to create a custom cake for Charlie Craig and David Mullins to celebrate their wedding because it was against his Christian beliefs. The Supreme Court will decide whether the First Amendment gave Phillips this right of refusal or whether Colorado’s anti-discrimination laws will compel him to serve same-sex weddings. This commentary ...


Patchak V. Zinke, Separation Of Powers, And The Pitfalls Of Form Over Substance, Michael Fisher Mar 2018

Patchak V. Zinke, Separation Of Powers, And The Pitfalls Of Form Over Substance, Michael Fisher

Duke Journal of Constitutional Law & Public Policy Sidebar

Mr. Patchak was a concerned citizen with standing to bring a suit against the federal government. A previous Supreme Court decision, Carcieri v. Salazar, made it clear that Mr. Patchak would win his case. Congress, however, did not want him to do so. Congress passed, and President Obama signed, the Gun Lake Act, which effectively ordered Mr. Patchak’s suit to be dismissed. Mr. Patchak’s suit was subsequently dismissed, and he appealed on the grounds that the Gun Lake Act violated separation of powers principles.


Third Circuit Confusion: Ncaa V. Christie And An Opportunity To Defend Federalism, Zachary Buckheit Mar 2018

Third Circuit Confusion: Ncaa V. Christie And An Opportunity To Defend Federalism, Zachary Buckheit

Duke Journal of Constitutional Law & Public Policy Sidebar

NCAA v. Christie will determine whether a federal statute that prevents a state legislature from repealing a previously enacted state law violates the anti-commandeering doctrine. In 2014, New Jersey passed a state law repealing state prohibitions against sports wagering in Atlantic City. Five sports leagues sued New Jersey in federal court. The leagues asserted that the new state law violated the Professional and Amateur Sports Protection Act (“PASPA”), a federal law. New Jersey claimed PASPA violated the anti-commandeering doctrine and was accordingly unconstitutional. The Third Circuit Court of Appeals held that PASPA does not violate the anti-commandeering doctrine because it ...


Husted V. A. Philip Randolph Institute: How Can States Maintain Their Voter Rolls?, Chris Smith Mar 2018

Husted V. A. Philip Randolph Institute: How Can States Maintain Their Voter Rolls?, Chris Smith

Duke Journal of Constitutional Law & Public Policy Sidebar

In Husted v. A. Philip Randolph Institute, the Supreme Court will decide whether the Ohio’s Supplemental Process for maintaining its voter rolls violates the requirements of the National Voter Registration Act (“NVRA”) and the Help America Vote Act (“HAVA”). The Court’s opinion will shape the landscape of voting rights, as many states are struggling to meet the dual mandates of election sanctity and increased voter access. This commentary argues that the Supreme Court can give states a guideline for what is an acceptable process that complies with the conflicting federal policies in the NVRA and HAVA. The Court ...


Carpenter V. United States: How Many Cell Phone Location Points Constitute A Search Under The Fourth Amendment?, Douglas Harris Mar 2018

Carpenter V. United States: How Many Cell Phone Location Points Constitute A Search Under The Fourth Amendment?, Douglas Harris

Duke Journal of Constitutional Law & Public Policy Sidebar

In Carpenter v. United States, the Supreme Court will decide whether the government’s acquisition of a suspect’s cell site location information (“CSLI”) during an ongoing criminal investigation is a “search” under the Fourth Amendment, and thus requires a showing of probable cause to obtain a warrant. This opinion will have future consequences for Americans and their privacy interests as cell sites continue to be built and CSLI records increasingly contain more private information about cell phone users. This commentary argues that that the necessity of owning and using cell phones renders past tests obsolete. With wavering, subjective expectations ...


Preserving The ‘Jewel Of Their Souls’: How North Carolina’S Common Law Could Save Cyber-Bullying Statutes, Nick Mcguire Feb 2018

Preserving The ‘Jewel Of Their Souls’: How North Carolina’S Common Law Could Save Cyber-Bullying Statutes, Nick Mcguire

Duke Journal of Constitutional Law & Public Policy Sidebar

In State v. Bishop, the North Carolina Supreme Court struck down the state’s cyber-bullying statute on the grounds that it violated the First Amendment right to freedom of speech. Cyber-bullying, bullying that occurs through electronic technology, has become more prevalent in recent years as much of adolescent life shifts to social media and digital communications. Increasing evidence of cyber-bullying’s negative effects on children has prompted numerous state legislatures to take action. Many states have enacted generic policies for school personnel to take reasonable action to combat cyber-bullying during school hours. This note, however, argues for an alternative approach ...


Chance To Change: Jennings V. Rodriguez As A Chance To Bring Due Process To A Broken Detention System, Joe Bianco Jan 2018

Chance To Change: Jennings V. Rodriguez As A Chance To Bring Due Process To A Broken Detention System, Joe Bianco

Duke Journal of Constitutional Law & Public Policy Sidebar

Jennings v. Rodriguez will determine whether specific classes of detained noncitizens will be entitled to bond hearings before Immigration Judges moving forward. The challenge comes from the Ninth Circuit, which, with the Second Circuit, mandates bond hearings for some detainees automatically after six months. Those Circuits found that after that point, the detention was arbitrary without a showing by the Government of why the noncitizen needed continued detention. The Government seeks to retain the current system, where the noncitizen’s detention release is entirely at the Government’s discretion. This commentary sets out the case and argues that the better ...


Does Contract Law Need Morality?, Kimberly D. Krawiec, Wenhao Liu Jan 2018

Does Contract Law Need Morality?, Kimberly D. Krawiec, Wenhao Liu

Faculty Scholarship

In "The Dignity of Commerce", Nathan Oman sets out an ambitious market theory of contract, which he argues is a superior normative foundation for contract law than either the moralist or economic justifications that currently dominate contract theory. In doing so, he sets out a robust defense of commerce and the marketplace as contributing to human flourishing that is a refreshing and welcome contribution in an era of market alarmism. But the market theory ultimately falls short as either a normative or prescriptive theory of contract. The extent to which law, public policy, and theory should account for values other ...


A New Guard At The Courthouse Door: Corporate Personal Jurisdiction In Complex Litigation After The Supreme Court’S Decision Quartet, David W. Ichel Jan 2018

A New Guard At The Courthouse Door: Corporate Personal Jurisdiction In Complex Litigation After The Supreme Court’S Decision Quartet, David W. Ichel

Faculty Scholarship

In a quartet of recent decisions, the Supreme Court substantially reshaped the analysis of due process limits for a state's exercise of personal jurisdiction over corporations for the first time since its groundbreaking 1945 decision in International Shoe Co. v. Washington. The Court's decision quartet recasts the International Shoe continuum of corporate contacts for which it would be "reasonable" for the state to exercise jurisdiction based on "traditional notions of fair play and substantial justice" into a more rigid bright-line dichotomy between "general" and "specific" jurisdiction: for a state to exercise general (or all-purpose) jurisdiction over any suit ...


Building Multilateral Anticorruption Enforcement: Analogies Between International Trade & Anti-Bribery Law, Rachel Brewster, Christine Dryden Jan 2018

Building Multilateral Anticorruption Enforcement: Analogies Between International Trade & Anti-Bribery Law, Rachel Brewster, Christine Dryden

Faculty Scholarship

In the last twenty years, the United States government has put substantial resources behind the fight against .foreign bribery by using the Foreign Corrupt Practices Act (FCPA) to prosecute unilaterally foreign and domestic companies who engage in corruption abroad. The United States is not entirely alone in this effort, but other countries have been far less vigorous in investing resources in investigations and prosecuting cases. Because of the unilateral and extraterritorial nature of FCPA prosecutions, these cases are sometimes controversial as foreign governments resist American influence in their commercial relations.

In response to this international tension, as well as a ...


Honesty Without Truth: Lies, Accuracy, And The Criminal Justice Process, Lisa Kern Griffin Jan 2018

Honesty Without Truth: Lies, Accuracy, And The Criminal Justice Process, Lisa Kern Griffin

Faculty Scholarship

Focusing on “lying” is a natural response to uncertainty but too narrow of a concern. Honesty and truth are not the same thing and conflating them can actually inhibit accuracy. In several settings across investigations and trials, the criminal justice system elevates compliant statements, misguided beliefs, and confident opinions while excluding more complex evidence. Error often results. Some interrogation techniques, for example, privilege cooperation over information. Those interactions can yield incomplete or false statements, confessions, and even guilty pleas. Because of the impeachment rules that purportedly prevent perjury, the most knowledgeable witnesses may be precluded from taking the stand. The ...


Race And Representation Revisited: The New Racial Gerrymandering Cases And Section 2 Of The Vra, Guy-Uriel Charles, Luis Fuentes-Rohwer Jan 2018

Race And Representation Revisited: The New Racial Gerrymandering Cases And Section 2 Of The Vra, Guy-Uriel Charles, Luis Fuentes-Rohwer

Faculty Scholarship

No abstract provided.


The Rights Of Marriage: Obergefell, Din, And The Future Of Constitutional Family Law, Kerry Abrams Jan 2018

The Rights Of Marriage: Obergefell, Din, And The Future Of Constitutional Family Law, Kerry Abrams

Faculty Scholarship

In the summer of 2015 the United States Supreme Court handed down two groundbreaking constitutional family law decisions. One decision became famous overnight Obergefell v. Hodges declared that same-sex couples have the constitutional right to marry. The other, Kerry v. Din, went largely overlooked. That later case concerned not the right to marry but the rights of marriage. In particular, it asked whether a person has a constitutional liberty interest in living with his or her spouse. This case is suddenly of paramount importance: executive orders targeting particular groups of immigrants implicate directly this right to family reunification.

This Article ...


Local Evidence In Constitutional Interpretation, Brandon L. Garrett Jan 2018

Local Evidence In Constitutional Interpretation, Brandon L. Garrett

Faculty Scholarship

The Supreme Court frequently relies on state law when interpreting the U.S. Constitution. What is less understood is the degree and manner in which the Supreme Court and other federal courts look not to state law, but to local law. Although it has largely gone unnoticed, there is a robust practice of acknowledging and accounting for local law in the course of constitutional interpretation. To take an example, one area in which the Supreme Court has examined local enforcement patterns is in death penalty jurisprudence. In 2015, Justice Stephen Breyer, dissenting in Glossip v. Gross, cited to empirical data ...


Do Heads Roll? An Empirical Analysis Of Ceo Turnover And Pay When The Corporation Is Federally Prosecuted, Brandon L. Garrett, Nan Li, Shrivaram Rajgopal Jan 2018

Do Heads Roll? An Empirical Analysis Of Ceo Turnover And Pay When The Corporation Is Federally Prosecuted, Brandon L. Garrett, Nan Li, Shrivaram Rajgopal

Faculty Scholarship

Does the criminal prosecution of a corporation affect the CEO? Or do criminal actions directed at the organization itself pose few consequences for the individuals at the top, and the CEO in particular? While CEOs are rarely themselves prosecuted, organizations could discipline CEOs through paycuts or outright replacing the CEO in response to a criminal prosecution. We sought to examine whether and how that occurs. We focus our analysis on a dataset of public companies that settled criminal cases brought by federal prosecutors from 2000-2014. We compared those companies to the larger set of companies in the Execucomp database of ...