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Articles 1 - 11 of 11

Full-Text Articles in Law

The Limits Of Advocacy, Amanda Frost Dec 2009

The Limits Of Advocacy, Amanda Frost

Duke Law Journal

Party control over case presentation is regularly cited as a defining characteristic of the American adversarial system. Accordingly, American judges are strongly discouraged from engaging in so-called "issue creation"-that is, raising legal claims and arguments that the parties have overlooked or ignored-on the ground that doing so is antithetical to an adversarial legal culture that values litigant autonomy and prohibits agenda setting by judges. And yet, despite the rhetoric, federal judges regularly inject new legal issues into ongoing cases. Landmark Supreme Court decisions such as Erie Railroad Co. v. Tompkins and Mapp v. Ohio were decided on grounds never raised …


Transgendered In Alaska: Navigating The Changing Legal Landscape For Change In Gender Petitions, Leslie Dubois-Need, Amber Kingery Dec 2009

Transgendered In Alaska: Navigating The Changing Legal Landscape For Change In Gender Petitions, Leslie Dubois-Need, Amber Kingery

Alaska Law Review

No abstract provided.


Sentenced By Tradition: The Third-Party Custodian Condition Of Pretrial Release In Alaska, Elizabeth Johnston Dec 2009

Sentenced By Tradition: The Third-Party Custodian Condition Of Pretrial Release In Alaska, Elizabeth Johnston

Alaska Law Review

No abstract provided.


Does Gender Specificity In Constitutions Matter?, Laura E. Lucas Oct 2009

Does Gender Specificity In Constitutions Matter?, Laura E. Lucas

Duke Journal of Comparative & International Law

No abstract provided.


The Disparate Treatment Of Race And Class In Constitutional Jurisprudence, Mario L. Barnes, Erwin Chemerinsky Oct 2009

The Disparate Treatment Of Race And Class In Constitutional Jurisprudence, Mario L. Barnes, Erwin Chemerinsky

Law and Contemporary Problems

No abstract provided.


Abortion Post-Glucksberg And Post-Gonzales: Applying An Analysis That Demands Equality For Women Under The Law, Mary Kathryn Nagle Aug 2009

Abortion Post-Glucksberg And Post-Gonzales: Applying An Analysis That Demands Equality For Women Under The Law, Mary Kathryn Nagle

Duke Journal of Gender Law & Policy

Because the government has historically enacted laws criminalizing abortion to preserve traditional stereotypes regarding a woman's domestic and subordinate position in society,22 abortion regulations necessitate an Equal Protection Clause analysis. [...] this article will examine first how Gonzales and Glucksberg forecast Roe's now inevitable demise, and accordingly, why abortion regulations must now be evaluated under an Equal Protection Clause analysis- in place of the crumbling Due Process Clause framework.23 Finally, this article will explain how and why the Partial Birth Abortion Act of 2003 violates the Equal Protection Clause of the Fourteenth Amendment.


What’S The Constitution Got To Do With It? Regulating Marriage In Pakistan, Karin Carmit Yefet Aug 2009

What’S The Constitution Got To Do With It? Regulating Marriage In Pakistan, Karin Carmit Yefet

Duke Journal of Gender Law & Policy

[...] the supreme law of the land seems to embody a blatant contradiction. The Pakistani Constitution extends protection to an impressive catalog of fundamental rights, placing Pakistan in line with some of the most western-minded constitutional regimes in the world.3 At the same time, in contrast to the American-style constitutional commitment to separate church and state,4 the Pakistani regime is constitutionally committed to integrate the two, in the sense that all laws must conform to the injunctions of Islam as a condition of their constitutional validity.5 So the same Constitution that protects western fundamental rights also elevates Islamic law, a …


Restoring Rluipas Equal Terms Provision, Sarah Keeton Campbell Mar 2009

Restoring Rluipas Equal Terms Provision, Sarah Keeton Campbell

Duke Law Journal

The Religious Land Use and Institutionalized Persons Act's (RLUIPA) equal terms provision prohibits government from implementing a land-use regulation in a manner that treats religious assemblies and institutions less favorably than secular assemblies and institutions. Lower courts have only begun to interpret and apply RLUIPA's equal terms provision, but already they have significantly weakened its protections of religious liberty by giving the provision unnecessarily restrictive interpretations. Not surprisingly, in light of the Supreme Court's invalidation of the Religious Freedom Restoration Act of 1993 (RFRA), the lower courts' restrictive readings seen? driven by concerns that a broader interpretation would exceed Congress's …


What Can Brown Do For You?: Neutral Principles And The Struggle Over The Equal Protection Clause, Pamela S. Karlan Mar 2009

What Can Brown Do For You?: Neutral Principles And The Struggle Over The Equal Protection Clause, Pamela S. Karlan

Duke Law Journal

No abstract provided.


A Man’S Right To Choose His Surname In Marriage: A Proposal, Michael Mahoney Frandina Jan 2009

A Man’S Right To Choose His Surname In Marriage: A Proposal, Michael Mahoney Frandina

Duke Journal of Gender Law & Policy

[...] a brief history of marital and naming practices will outline how these two concepts have shifted to a primarily private issue today, as compared with the Middle Ages, when they were primarily public issues highly concerned with property matters. [...] naming involves important issues in the construction of one's identity.


Cruel And Unequal Punishment, Nita A. Farahany Jan 2009

Cruel And Unequal Punishment, Nita A. Farahany

Faculty Scholarship

This article argues Atkins and its progeny of categorical exemptions to the death penalty create and new and as of yet undiscovered interaction between the Eighth and the Fourteenth Amendment of the U.S. Constitution. The United States Supreme Court, the legal academy and commentators have failed to consider the relationship between the Cruel and Unusual Punishments Clause and the Equal Protection Clause that the Court's new Eighth Amendment jurisprudence demands. This article puts forth a new synthesis of these two clauses, and demonstrates how the Court's new Eighth Amendment jurisprudence has remarkable Fourteenth Amendment implications. To see the point in …