Open Access. Powered by Scholars. Published by Universities.®
- Discipline
-
- Courts (6)
- First Amendment (4)
- Jurisdiction (4)
- Immigration Law (3)
- Jurisprudence (3)
-
- Legal History (3)
- Second Amendment (3)
- State and Local Government Law (3)
- Civil Procedure (2)
- Comparative and Foreign Law (2)
- Family Law (2)
- Law and Gender (2)
- Law and Politics (2)
- Social and Behavioral Sciences (2)
- American Politics (1)
- Antitrust and Trade Regulation (1)
- Civil Rights and Discrimination (1)
- Criminal Law (1)
- Election Law (1)
- Fourth Amendment (1)
- Human Rights Law (1)
- Intellectual Property Law (1)
- International Law (1)
- Legal Studies (1)
- National Security Law (1)
- Other Legal Studies (1)
- Political Science (1)
- President/Executive Department (1)
- Keyword
-
- Civil Rights (9)
- Constitutional Interpretation (6)
- Constitutional law (6)
- Federal government (6)
- Judicial Review (6)
-
- United States (6)
- Freedom of speech (5)
- General (5)
- Constitution. 1st Amendment (4)
- Supreme Court (4)
- District of Columbia v. Heller (3)
- Firearms--Law and legislation (3)
- Jurisdiction (3)
- State governments (3)
- Abortion--Law and legislation (2)
- Constitution. 2nd Amendment (2)
- Constitution. 7th Amendment (2)
- Discrimination (2)
- District courts (2)
- Emigration and immigration (2)
- Equality before the law--United States (2)
- Exclusive and concurrent legislative powers (2)
- Firearms (2)
- Gun control (2)
- Human rights (2)
- Jurisdiction--United States (2)
- Law--Interpretation and construction (2)
- Law--United States--States (2)
- Reproductive rights (2)
- Roe v. Wade (2)
- Publication
- Publication Type
Articles 1 - 30 of 53
Full-Text Articles in Constitutional Law
Medtronic V. Boston Scientific: Allocating The Burden Of Proof In Declaratory Judgment Actions For Patent Non-Infringement, Brianna Strange
Medtronic V. Boston Scientific: Allocating The Burden Of Proof In Declaratory Judgment Actions For Patent Non-Infringement, Brianna Strange
Duke Journal of Constitutional Law & Public Policy Sidebar
This commentary previews an upcoming Supreme Court case, Medtronic, Inc. v. Boston Scientific Corporation, in which the Court will decide which party bears the burden of proof in a declaratory judgment action for patent non-infringement.
At Home In The Outer Limits: Daimlerchrysler V. Bauman And The Bounds Of General Personal Jurisdiction, Todd W. Noelle
At Home In The Outer Limits: Daimlerchrysler V. Bauman And The Bounds Of General Personal Jurisdiction, Todd W. Noelle
Duke Journal of Constitutional Law & Public Policy Sidebar
This commentary previews an upcoming Supreme Court case, DaimlerChrysler v. Bauman, in which the Court may decide whether maintaining a wholly-owned subsidiary in a forum state can render a foreign parent corporation "essentially at home" in that state, thereby permitting the forum state to exercise general personal jurisdiction over the parent corporation.
Atlantic Marine V. J-Crew: The Future Of Forum-Selection Clauses In Federal Courts, Sarah Sheridan
Atlantic Marine V. J-Crew: The Future Of Forum-Selection Clauses In Federal Courts, Sarah Sheridan
Duke Journal of Constitutional Law & Public Policy Sidebar
This commentary previews an upcoming Supreme Court case, Atlantic Marine v. J-Crew, in which the Court may clarify a circuit split regarding the enforceability of forum-selection clauses by deciding which procedure should govern the enforcement of these clauses and which party carries the burden of proof in these disputes.
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.
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.
Hollingsworth V. Perry: Expressive Harm And The Stakes Of "Marriage", Corinne Blalock
Hollingsworth V. Perry: Expressive Harm And The Stakes Of "Marriage", Corinne Blalock
Duke Journal of Constitutional Law & Public Policy Sidebar
This commentary previews an upcoming Supreme Court case, Hollingsworth v. Perry, in which the Court may decide whether Proposition 8 violates either the Equal Protection Clause or the Due Process Clause of the Fourteenth Amendment of the United States Constitution.
Patent Exhaustion And The Federal Circuit’S Deviant Conditional Sale Doctrine: Bowman V. Monsanto, Adam Garmezy
Patent Exhaustion And The Federal Circuit’S Deviant Conditional Sale Doctrine: Bowman V. Monsanto, Adam Garmezy
Duke Journal of Constitutional Law & Public Policy Sidebar
No abstract provided.
Mcburney V. Young: Testing The Limits Of Citizens-Only Freedom Of Information Laws, Patrick Jamieson
Mcburney V. Young: Testing The Limits Of Citizens-Only Freedom Of Information Laws, Patrick Jamieson
Duke Journal of Constitutional Law & Public Policy Sidebar
This commentary previews an upcoming Supreme Court case, McBurney v. Young, in which the Court will decide whether the citizens-only provision of Virginia's Freedom of Information Act violates the Privileges and Immunities Clause or the dormant Commmerce Clause.
Materiality Immaterial? Revisiting Standards For Securities Fraud Class Certification In Amgen V. Connecticut Retirement Plans And Trust Funds, Nancy My Nguyen
Materiality Immaterial? Revisiting Standards For Securities Fraud Class Certification In Amgen V. Connecticut Retirement Plans And Trust Funds, Nancy My Nguyen
Duke Journal of Constitutional Law & Public Policy Sidebar
This commentary previews an upcoming Supreme Court case, Amgen v. Connecticut Retirement Plans and Trust Funds, in which the Court will decide whether plaintiffs in securities fraud class actions must prove materiality at the class certification stage, or if that inquiry is more appropriately left to later stages of litigation. The case requires the Court to resolve a circuit split on this issue, and will have far-reaching implications for the future of securities fraud litigation.
In All Fairness: Us Airways V. Mccutchen And The Use Of Equitable Defenses In Erisa Reimbursement Claims, Ravi Patel
In All Fairness: Us Airways V. Mccutchen And The Use Of Equitable Defenses In Erisa Reimbursement Claims, Ravi Patel
Duke Journal of Constitutional Law & Public Policy Sidebar
This commentary previews an upcoming Supreme Court case, US Airways v. McCutchen, in which the Court will decide whether courts are permitted to use equitable principles to rewrite contractual language for benefit plans under ERISA. In so doing, the Court must decide whether to give effect to the Third Circuit's holding, that ERISA does permit this use of equitable principles, which runs contrary to the majority of circuits.
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.
Evans V. Michigan: The Impact Of Judicial Error On Double Jeopardy Protection, Zi-Xiang Shen
Evans V. Michigan: The Impact Of Judicial Error On Double Jeopardy Protection, Zi-Xiang Shen
Duke Journal of Constitutional Law & Public Policy Sidebar
This commentary previews an upcoming Supreme Court case, Evans v. Michigan, in which the Court has an opportunity to clarify the bounds of the prohibition on double jeopardy. More specifically, the Court will determine what, if any, impact judicial error has on double jeopardy protection under the Fifth Amendment.
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.
Hollingsworth V. Perry, Brief For Foreign And Comparative Law Experts Harold Hongju Koh Et. Al. As Amici Curiae Supporting Respondents, Harold Hongju Koh, Sarah H. Cleveland, Laurence R. Helfer, Ryan Goodman
Hollingsworth V. Perry, Brief For Foreign And Comparative Law Experts Harold Hongju Koh Et. Al. As Amici Curiae Supporting Respondents, Harold Hongju Koh, Sarah H. Cleveland, Laurence R. Helfer, Ryan Goodman
Faculty Scholarship
No abstract provided.
A Research Agenda For Uncooperative Federalists, Ernest A. Young
A Research Agenda For Uncooperative Federalists, Ernest A. Young
Faculty Scholarship
No abstract provided.
The Story Of Ewing: Three Strikes Laws And The Limits Of The Eighth Amendment Proportionality Review, Sara Sun Beale
The Story Of Ewing: Three Strikes Laws And The Limits Of The Eighth Amendment Proportionality Review, Sara Sun Beale
Faculty Scholarship
In 1994 California enacted the nation's harshest "three strikes" law. Under this law, any felony can serve as a third strike, and conviction of a third strike requires a mandatory prison sentence of 25 years to life. In Ewing v. California, 538 U.S. 11 (2003), the Supreme Court held that sending a drug addict who shoplifted three golf clubs to prison for 25 years to life under the three strikes law did not violate the cruel and unusual punishment clause of the Eighth Amendment. The chapter for the forthcoming Criminal Law Stories tells the story of the Ewing case, describing …