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Full-Text Articles in Law
The Legal Subject In Exile, Kathryn Abrams
The Thirteenth Amendment And The Lost Origins Of Civil Rights, Risa L. Goluboff
The Thirteenth Amendment And The Lost Origins Of Civil Rights, Risa L. Goluboff
Duke Law Journal
For the fifteen years prior to the Supreme Court's 1954 decision in Brown v. Board of Education, "civil rights" did not refer to a unified, coherent category. Rather, the content of the term was open, changing, and contradictory. The lawyers of the Civil Rights Section of the Department of Justice, which was created in 1939, were among those thinking about, and experimenting with, different ways of practicing and framing civil rights in the 1940s. Their practice shows how, as the Great Depression faded and World War II loomed, the most prominent civil rights issues shifted from the labor arena to …
Who Is Right About Responsibility: An Application Of Rights Talk To Balla V. Gambro, Inc. And General Dynamics Corp. V. Rose, Justine Thompson
Who Is Right About Responsibility: An Application Of Rights Talk To Balla V. Gambro, Inc. And General Dynamics Corp. V. Rose, Justine Thompson
Duke Law Journal
No abstract provided.
The Second Amendment And The Personal Right To Arms, William Van Alstyne
The Second Amendment And The Personal Right To Arms, William Van Alstyne
Duke Law Journal
No abstract provided.
Rights And Irresponsibility, Linda C. Mcclain
Private Attorneys General, Prevailing Parties, And Public Benefit: Attorney’S Fees Awards For Civil Rights Plaintiffs, David Shub
Duke Law Journal
No abstract provided.
A Critique Of Justice Antonin Scalia’S Approach To Fundamental Rights Adjudication, Edward Gary Spitko
A Critique Of Justice Antonin Scalia’S Approach To Fundamental Rights Adjudication, Edward Gary Spitko
Duke Law Journal
No abstract provided.
Autonomy, Community, And Traditions Of Liberty: The Contrast Of British And American Privacy Law, Ronald J. Krotoszynski Jr.
Autonomy, Community, And Traditions Of Liberty: The Contrast Of British And American Privacy Law, Ronald J. Krotoszynski Jr.
Duke Law Journal
No abstract provided.
The Constitution In The Supreme Court: Civil Rights And Liberties, 1930-1941, David P. Currie
The Constitution In The Supreme Court: Civil Rights And Liberties, 1930-1941, David P. Currie
Duke Law Journal
This is the latest in Professor Currie's continuing series on the historical development of constitutional doctrine. In this article Professor Currie surveys the major decisions of the Supreme Court between 1930 and 1941 in the area of criminal procedure, civil rights and civil liberties. In the area of criminal procedure, Professor Currie concludes that in deciding what procedures were required or forbidden by due process, historical inquiry was displaced by a fundamental-rights test. In the area of civil liberties, Professor Currie concludes that the Court made modest progress. Finally, Professor Currie concludes that the Court's most important civil liberties work …
Public Law By Private Bargain: Title Vii Consent Decrees And The Fairness Of Negotiated Institutional Reform, Maimon Schwarzschild
Public Law By Private Bargain: Title Vii Consent Decrees And The Fairness Of Negotiated Institutional Reform, Maimon Schwarzschild
Duke Law Journal
Large-scale Title VII remedies are typical of "public law" litigation, which differs in kind from the conventional compensatory lawsuit. Title VII remedies are commonly adopted by way of consent decrees. By approving these consent decrees, federal courts take responsibility for extensive institutional reforms while acting independently of the adversary process. Courts have frequently approved consent decrees without fair hearings for those whose interests are at stake. Professor Schwarzschild suggests a systematic procedure for approving Title VII consent decrees. This procedure would not discourage settlements, but would ensure that courts act on the basis of fair hearings, consistently with the quasi-legislative …
Professor Dworkin’S External/Personal Preference Distinction, John Hart Ely
Professor Dworkin’S External/Personal Preference Distinction, John Hart Ely
Duke Law Journal
No abstract provided.
A Reassessment Of The Younger Doctrine In Light Of The Legislative History Of Reconstruction, Donald H. Zeigler
A Reassessment Of The Younger Doctrine In Light Of The Legislative History Of Reconstruction, Donald H. Zeigler
Duke Law Journal
Recently the Supreme Court extended the doctrine of Younger v. Harris to preclude federal court reform of state criminal and civil justice systems. In this article, Professor Zeigler argues that Younger and its progeny directly contravene the intent of the Reconstruction Congresses that adopted the fourteenth amendment and enacted numerous pieces of enforcement legislation. His research demonstrates that these Congresses intended the federal courts to be the primary enforcer of Reconstruction reform measures. Professor Ziegler concludes that the federal courts are neglecting their duty to enforce constitutional safeguards in state justice systems.
Derivative Immunity: An Unjustifiable Bar To Section 1983 Actions, Craig B. Merkle
Derivative Immunity: An Unjustifiable Bar To Section 1983 Actions, Craig B. Merkle
Duke Law Journal
No abstract provided.