Digital Commons Network^™

A Copy Of A Copy Of A Copy: Internet Mimesis And The Copyrightability Of Memes, Elena Elmerinda Scialabba

Duke Law & Technology Review

No abstract provided.

Opting Out: Biometric Information Privacy And Standing, Michelle Jackson

Duke Law & Technology Review

No abstract provided.

Autonomous Systems As Legal Agents: Directly By The Recognition Of Personhood Or Indirectly By The Alchemy Of Algorithmic Entities, Dalton Powell

Duke Law & Technology Review

No abstract provided.

Campus Sexual Assault And Due Process, Ilana Frier

Duke Journal of Constitutional Law & Public Policy Sidebar

College women experience rape and sexual assault at alarmingly high rates. One highly publicized statistic, famously asserted by President Obama, states that one in five women experience sexual assault while attending college. In 2011, the U.S. Department of Education radically expanded its involvement in campus sexual misconduct adjudications, encouraging vigorous enforcement. Sustained regulatory and public pressure effectuated some positive change for victims. However, a proliferation of litigation also followed. Students found responsible of campus sexual assault, most of whom were males, increasingly began suing their schools alleging due process violations in their adjudications. In 2018, the Trump administration's Department of …

Fees, Fines, Bail, And The Destitution Pipeline, Brandon L. Garrett, Sara S. Greene, Marin K. Levy

Duke Law Journal

No abstract provided.

Beyond Graduation: Economic Sanctions And Structural Reform, Beth A. Colgan

Duke Law Journal

In recent years, increased attention is being paid to the dangers of imposing economic sanctions in felony, misdemeanor, juvenile, municipal, and traffic courts because the imposition of unmanageable fines, fees, surcharges, restitution, and forfeitures can be financially devastating for people and their families. One reform that has gained traction is the graduation of economic sanctions to account for their financial effect. To date, considerations of the efficacy of graduated sanctions focus on the individual benefits that would accrue from a properly designed graduation mechanism. In other words, the value of graduation is measured by comparing it to the serious negative …

Toward A Demosprudence Of Poverty, Monica Bell, Stephanie Garlock, Alexander Nabavi-Noori

Duke Law Journal

This Article describes the rift between a due-process-focused jurisprudence on legal–financial obligations—the centerpiece of the current fight against criminalization of poverty—and the substantive and structural problems of poverty criminalization. It argues that judges can help address this disconnect while still operating within the scope of their authority by engaging in a demosprudence of poverty—“a democracy-enhancing jurisprudence” that actively seeks to learn from poor people themselves and movements for economic justice. This Article builds from demosprudential theory to offer guidance for judges in their reason-giving, rulemaking, and courtroom management practices.

Driven To Failure: An Empirical Analysis Of Driver’S License Suspension In North Carolina, William E. Crozier, Brandon L. Garrett

Duke Law Journal

A person’s interest in a driver’s license is “substantial,” and as the U.S. Supreme Court has observed, the suspension of a license by the state can result in “inconvenience and economic hardship suffered,” including because a license may be “essential in the pursuit of a livelihood.” However, forty-four U.S. states currently require indefinite suspension of driver’s licenses for non-driving-related reasons, such as failure to appear in court or pay fines for traffic infractions. There are no systematic, peer-reviewed analyses of individual-level or county-level data regarding such suspensions. This study describes North Carolina’s population of suspended drivers and assesses how driver’s …

Detention By Any Other Name, Sandra G. Mayson

Duke Law Journal

An unaffordable bail requirement has precisely the same effect as an order of pretrial detention: the accused person is jailed pending trial. It follows as a logical matter that an order requiring an unaffordable bail bond as a condition of release should be subject to the same substantive and procedural protections as an order denying bail altogether. Yet this has not been the practice.

This Article lays out the logical and legal case for the proposition that an order that functionally imposes detention must be treated as an order of detention. It addresses counterarguments and complexities, including both empirical and …

Law And Macro: What Took So Long?, Yair Listokin

Law and Contemporary Problems

No abstract provided.

Institutions: A Research Program For Law, Macroeconomics, And History, Peter Conti-Brown

Law and Contemporary Problems

No abstract provided.

Macroeconomic Analysis Of Law Versus Law And Macroeconomics, Bruno Meyerhof Salama

Law and Contemporary Problems

No abstract provided.

Considering Law And Macroeconomics, Anna Gelpern, Adam J. Levitin

Law and Contemporary Problems

No abstract provided.

Against Regulatory Stimulus, Erik F. Gerding

Law and Contemporary Problems

No abstract provided.

What Kind Of Finance Should There Be?, Saule T. Omarova

Law and Contemporary Problems

No abstract provided.

The Emergence Of Law And Macroeconomics: From Stability To Growth To Human Development, Steven A. Ramirez

Law and Contemporary Problems

No abstract provided.

The Danger Of Facial Recognition In Our Children’S Classrooms, Nila Bala

Duke Law & Technology Review

No abstract provided.

Dhs V. Regents Of The University Of California: Administrative Law Concerns In Repealing Daca, Charles Fendrych

Duke Journal of Constitutional Law & Public Policy Sidebar

On its surface, deferred action is simple: it is a decision by Executive Branch officials to postpone deportation proceedings against an individual or group that is otherwise eligible to be removed from the United States.Deferred action is an exercise of the Executive’s inherent authority to manage its policies, but is not expressly grounded in statute Despite this lack of statutory authority, Congress and the Supreme Court have historically recognized deferred action policies. Indeed, records of such Executive discretion date back to the early twentieth century.The Executive, grounding its justification in humanitarian concerns, has continued to institute categorical deferred action programs …

Looking Beyond The Easel: Artists’ Contexts And Resale Payments, Deborah A. Demott

Duke Journal of Gender Law & Policy

No abstract provided.

Federal Prosecutorial Independence, Todd David Peterson

Duke Journal of Constitutional Law & Public Policy

Of all the controversial presidential actions during President Trump’s first three years in office, few challenged the norms of presidential behavior more than his constant barrage of attacks on his own Department of Justice. President Trump violated traditional norms governing the relationship between the White House and the Department of Justice in two distinct ways. First, on Twitter and in other public statements, he repeatedly called upon the Department to investigate political opponents. Second, the President repeatedly attacked the Department’s investigation of Russian interference with the 2016 presidential election (“the Mueller investigation”) and other investigations relating to the misconduct of …

A Revised Revisionist Position In The Law Of Nations Debate, David M. Howard

Duke Journal of Constitutional Law & Public Policy

One of the most contentious debates in the legal field has continued for decades over the question: is customary international law incorporated into U.S. domestic law? This question has sparked controversy that has resulted in multiple positions but no definite answer—the modern position with Dean Harold Koh and Professor Carlos Vasquez to the revisionist position with Professors Curtis Bradley and Jack Goldsmith. The U.S. Supreme Court has declined to answer this question while acknowledging the importance of its impact on U.S. law. The latest case before the Supreme Court—Jesner v. Arab Bank—touched upon this debate once again, and …

Intratextual And Intradoctrinal Dimensions Of The Constitutional Home, Gerald S. Dickinson

Duke Journal of Constitutional Law & Public Policy

The home has been lifted to a special pantheon of rights and protections in American constitutional law. Until recently, a conception of special protections for the home in the Fifth Amendment Takings Clause was under-addressed by scholars. However, a contemporary and robust academic treatment of a home-centric takings doctrine merits a different approach to construction and interpretation: the intratextual and intradoctrinal implications of a coherent set of homebound protections across the Bill of Rights, including the Takings Clause.

Intratextualism and intradoctrinalism are interpretive methods of juxtaposing non-adjoining and adjoining clauses in the Constitution and Supreme Court doctrines to find patterns …

Foreword: Gender Journals And Gender Equality: Reflections On Twenty-Five Years Of The Duke Journal Of Gender Law And Policy, Kerry Abrams

Duke Journal of Gender Law & Policy

This Twenty-fifth Anniversary Volume of the Duke Journal of Gender Law and Policy is dedicated to Katharine T. Bartlett, A. Kenneth Pye Distinguished Professor of Law Emerita. She is a path-breaking scholar, inspiring leader, dynamic teacher, and loyal friend. Thank you, Kate, for your many contributions to furthering gender equality for generations of lawyers, students, and scholars.

Gender Law: After Twenty-Five Years, Katharine T. Bartlett

Duke Journal of Gender Law & Policy

No abstract provided.

Prosecuting Sexual Exploitation And Trafficking Abroad: Congress, The Courts, And The Constitution, Sara Sun Beale

Duke Journal of Gender Law & Policy

No abstract provided.

Domestic Violence And The Home-Centric Second Amendment, Joseph Blocher

Duke Journal of Gender Law & Policy

The most prominent line-drawing debate in Second Amendment law and scholarship is whether and to what degree the right to keep and bear arms extends outside the home. Inside the home, the right is thought to be strongest, as private interests are at their apex and governmental interests are correspondingly weaker. But an uncritical acceptance of this home-centric Second Amendment is not well-equipped to account for the intersection between guns and domestic violence (DV). For women in particular, domestic violence in the home is a more significant threat than assault by a stranger, and studies have shown that the availability …

Re-Affirming The Value Of The Sports Exception To Title Ix’S General Non-Discrimination Rule, Doriane Lambelet Coleman, Michael J. Joyner, Donna Lopiano

Duke Journal of Gender Law & Policy

No abstract provided.

Annie Get Your Gun: The Constitution, Women, And Involuntary Service In Combat, Charles J. Dunlap Jr.

Duke Journal of Gender Law & Policy

No abstract provided.

Me Too? Race, Gender, And Ending Workplace Sexual Harassment, Trina Jones, Emma E. Wade

Duke Journal of Gender Law & Policy

No abstract provided.

Constitutional Pronouns, Darrell A. H. Miller

Duke Journal of Gender Law & Policy

No abstract provided.