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Articles 1 - 30 of 42
Full-Text Articles in Law
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.
A Potent Federal Prosecutorial Tool: Weyhrauch V. United States, James T. Van Strander
A Potent Federal Prosecutorial Tool: Weyhrauch V. United States, James T. Van Strander
Duke Journal of Constitutional Law & Public Policy Sidebar
No abstract provided.
The Lodestar Ranger: Calculating Attorneys’ Fee Awards In Perdue V. Kenny A., Rebecca Friedman
The Lodestar Ranger: Calculating Attorneys’ Fee Awards In Perdue V. Kenny A., Rebecca Friedman
Duke Journal of Constitutional Law & Public Policy Sidebar
No abstract provided.
Jones V. Harris Associates: Shareholder Requirements For Proving A Mutual Fund Adviser’S Breach Of Fiduciary Duty, Matthew Rinegar
Jones V. Harris Associates: Shareholder Requirements For Proving A Mutual Fund Adviser’S Breach Of Fiduciary Duty, Matthew Rinegar
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.
Prioritizing Professional Responsibility And The Legal Profession: A Preview Of The United States Supreme Court’S 2009–2010 Term, Renee Newman Knake
Prioritizing Professional Responsibility And The Legal Profession: A Preview Of The United States Supreme Court’S 2009–2010 Term, Renee Newman Knake
Duke Journal of Constitutional Law & Public Policy Sidebar
This term, the Supreme Court is scheduled to hear ten cases on the role of attorneys and the practice of law. In doing so, the Court is departing from its normal practice of hearing two, or at most three, cases on professional responsibility. Prof. Renee Knake of Michigan State University College of Law reviews the professional responsibility cases on the Court's docket and examines how they could influence the practice of law.
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.
Preview Of Forest Grove School District V. T.A., E. Chaney Hall
Preview Of Forest Grove School District V. T.A., E. Chaney Hall
Duke Journal of Constitutional Law & Public Policy Sidebar
Should disabled children who do not get the individualized help they need at public schools be able to force their public schools to pay for them to attend private schools? The Supreme Court will grapple with that question during oral arguments on April 28 in Forest Grove School District v. T.A. In her preview of the case, E. Chaney Hall boils the case down to statutory interpretation of the Individuals with Disabilities Education Act. Hall points out that though 1997 amendments to the act narrowed students' ability to force public schools to pay private-school tuition, those amendments did not completely …
Ricci V. Destefano: “Fanning The Flames” Of Reverse Discrimination In Civil Service Selection, Lauren Klein
Ricci V. Destefano: “Fanning The Flames” Of Reverse Discrimination In Civil Service Selection, Lauren Klein
Duke Journal of Constitutional Law & Public Policy Sidebar
No abstract provided.
Safford Unified School District No. 1 V. Redding: Balancing Students’ Rights Against The Governments Interest In Protecting The Educational Process, Chris Suedekum
Duke Journal of Constitutional Law & Public Policy Sidebar
No abstract provided.
Ashcroft V. Iqbal: The Question Of A Heightened Standard Of Pleading In Qualified Immunity Cases, Michelle Spiegel
Ashcroft V. Iqbal: The Question Of A Heightened Standard Of Pleading In Qualified Immunity Cases, Michelle Spiegel
Duke Journal of Constitutional Law & Public Policy Sidebar
No abstract provided.
United States V. Chambers: Noncustodial Escapes Do Not Always Constitute A Violent Crime For Purposes Of The Armed Career Criminal Act, Jin Woo Oh
Duke Journal of Constitutional Law & Public Policy Sidebar
No abstract provided.
Gross V. Fbl Financial Services, Inc.: Determining The Evidentiary Requirements For Bringing A Non-Title Vii Mixed-Motive Case, Matthew Brod
Gross V. Fbl Financial Services, Inc.: Determining The Evidentiary Requirements For Bringing A Non-Title Vii Mixed-Motive Case, Matthew Brod
Duke Journal of Constitutional Law & Public Policy Sidebar
No abstract provided.
Hillary: The Movie, Corporate Free Speech Or Campaign Finance Corruption?, Aaron Harmon
Hillary: The Movie, Corporate Free Speech Or Campaign Finance Corruption?, Aaron Harmon
Duke Journal of Constitutional Law & Public Policy Sidebar
No abstract provided.
Caperton V. Massey: The Due Process Implications Of Contributions To Judicial Campaigns, Wade Kolb Iii
Caperton V. Massey: The Due Process Implications Of Contributions To Judicial Campaigns, Wade Kolb Iii
Duke Journal of Constitutional Law & Public Policy Sidebar
No abstract provided.
Snyder V. Louisiana: Demand For Judicial Scrutiny Of The Use Of Peremptory Challenges, Jennifer Ross
Snyder V. Louisiana: Demand For Judicial Scrutiny Of The Use Of Peremptory Challenges, Jennifer Ross
Duke Journal of Constitutional Law & Public Policy Sidebar
No abstract provided.
Secondary Liability, Scheme Liability, And The Reliance Factor: The Supreme Court’S Ruling In Stoneridge Investment Partners, Llc V. Scientific-Atlanta, Inc., Meredith French
Duke Journal of Constitutional Law & Public Policy Sidebar
No abstract provided.
Montejo V. Louisiana: Affirmative Requests And The Sixth Amendment Right To Counsel, Jacob E. Warren
Montejo V. Louisiana: Affirmative Requests And The Sixth Amendment Right To Counsel, Jacob E. Warren
Duke Journal of Constitutional Law & Public Policy Sidebar
No abstract provided.
Abdul-Kabir V. Quarterman/Brewer V. Quarterman: A Court Divided Over What Constitutes “Clearly Established Federal Law”, Jarod R. Stewart
Abdul-Kabir V. Quarterman/Brewer V. Quarterman: A Court Divided Over What Constitutes “Clearly Established Federal Law”, Jarod R. Stewart
Duke Journal of Constitutional Law & Public Policy Sidebar
No abstract provided.
Boumediene V. Bush: Another Chapter In The Court’S Jurisprudence On Civil Liberties At Guantanamo Bay, Amanda Mcrae
Boumediene V. Bush: Another Chapter In The Court’S Jurisprudence On Civil Liberties At Guantanamo Bay, Amanda Mcrae
Duke Journal of Constitutional Law & Public Policy Sidebar
No abstract provided.
Wyeth V. Levine: Examining The Doctrine Of Implied Preemption In State-Law Tort Claims, Allison Kostecka
Wyeth V. Levine: Examining The Doctrine Of Implied Preemption In State-Law Tort Claims, Allison Kostecka
Duke Journal of Constitutional Law & Public Policy Sidebar
No abstract provided.
Harbison V. Bell, Sarah Rutledge
Harbison V. Bell, Sarah Rutledge
Duke Journal of Constitutional Law & Public Policy Sidebar
No abstract provided.
The Problems Of Self-Execution: Medellin V. Texas, Taryn Marks
The Problems Of Self-Execution: Medellin V. Texas, Taryn Marks
Duke Journal of Constitutional Law & Public Policy Sidebar
No abstract provided.
Louisiana V. Kennedy, Caroline Stevenson
Louisiana V. Kennedy, Caroline Stevenson
Duke Journal of Constitutional Law & Public Policy Sidebar
No abstract provided.
Melendez-Diaz V. Massachusetts: Laboratory Testing And The Confrontation Clause, David Mansfield
Melendez-Diaz V. Massachusetts: Laboratory Testing And The Confrontation Clause, David Mansfield
Duke Journal of Constitutional Law & Public Policy Sidebar
No abstract provided.
Heller’S Problematic Second Amendment Categoricalism, Joseph Blocher
Heller’S Problematic Second Amendment Categoricalism, Joseph Blocher
Faculty Scholarship
No abstract provided.
Historical Practice And The Contemporary Debate Over Customary International Law, Ernest A. Young
Historical Practice And The Contemporary Debate Over Customary International Law, Ernest A. Young
Faculty Scholarship
Response to: Anthony J. Bellia, Jr. & Bradford R. Clark, The Federal Common Law of Nations, 109 Colum. L. Rev. 1 (2009).
A.J. Bellia and Brad Clark have performed a valuable service for other scholars interested in foreign relations law and federal jurisdiction by collecting and illuminating—with their usual care and insight—the historical practice of both English and early American courts with respect to the law of nations. Their recent Article, The Federal Common Law of Nations, demonstrates that, while American courts have not generally treated customary international law (CIL) as supreme federal law, they have applied such law where …
Full Faith And Credit In The Early Congress, Stephen E. Sachs
Full Faith And Credit In The Early Congress, Stephen E. Sachs
Faculty Scholarship
After more than 200 years, the Full Faith and Credit Clause remains poorly understood. The Clause first issues a self-executing command (that "Full Faith and Credit shall be given"), and then empowers Congress to prescribe the manner of proof and the "Effect" of state records in other states. But if states must accord each other full faith and credit-and if nothing could be more than full-then what "Effect" could Congress give state records that they wouldn't have already? And conversely, how could Congress in any way reduce or alter the faith and credit that is due?
This Article seeks to …
‘The Federalist’ Abroad In The World, Donald L. Horowitz
‘The Federalist’ Abroad In The World, Donald L. Horowitz
Faculty Scholarship
This paper traces the influence of The Federalist Papers on five continents. From 1787 to roughly 1850, The Federalist was widely read and highly influential, especially in Europe and Latin America. Federalist justifications for federalism as a solution to the problem of creating a continental republic or to provincial rivalries were widely accepted. So, too, was the presidency, at least in Latin America, and that region adopted judicial review later in the nineteenth century. Presidentialism and judicial review fared less well in Western Europe. Following World War II, judicial review slowly became part of the standard equipment of new and …