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Articles 1351 - 1380 of 14433
Full-Text Articles in Law
Retroactive Diplomatic Immunity, Anna Raphael
Retroactive Diplomatic Immunity, Anna Raphael
Duke Law Journal
When German tennis star Boris Becker attempted to become a diplomat of the Central African Republic in 2018 to avoid bankruptcy proceedings in the United Kingdom, much of the world ridiculed his efforts. But his actions begged a genuine question: Can an individual become a diplomat so that his or her past actions are immunized from prosecution or suit, even after the actions have occurred or court proceedings have been instituted? In the United States, the answer appears to be yes. On at least two occasions, federal courts have allowed such retroactive applications of diplomatic immunity in cases involving allegations …
Volume 104, Number 1 (Spring 2020)
Questioning The Definition Of "Sex" In Title Vii: Bostock V. Clayton County, Ga., Katherine Carter
Questioning The Definition Of "Sex" In Title Vii: Bostock V. Clayton County, Ga., Katherine Carter
Duke Journal of Constitutional Law & Public Policy Sidebar
In October of 2019, the Supreme Court heard the arguments of two cases presenting the same inquiry: whether Title VII’s prohibition on sex discrimination encompasses discrimination on the basis of sexual orientation. Currently, twenty-one states as well as the District of Columbia expressly prohibit discrimination based on sexual orientation by statute or regulation. Other states offer protection in the form of agency interpretation or court ruling. However, for the remaining states with no established protections, Title VII stands as the only potential safeguard against sexual orientation discrimination.
The following Commentary considers the case of Gerald Bostock, a gay man from …
Contracting Free From Racial Animus: Comcast Corporation V. National Association Of African American-Owned Media And Entertainment Studios, Catherine Tarantino
Contracting Free From Racial Animus: Comcast Corporation V. National Association Of African American-Owned Media And Entertainment Studios, Catherine Tarantino
Duke Journal of Constitutional Law & Public Policy Sidebar
The United States has come a long way in promoting racial equality since the 1866 and 1964 Civil Rights Acts, but racial animus still plays an impermissible role in many contracting and employment decisions. Comcast Corporation v. National Association of African American-Owned Media and Entertainment Studios offers the Supreme Court the opportunity to decide which causal standard applies to claims alleging racial bias in contracting under 42 U.S.C. § 1981. Specifically, the Court will decide whether § 1981 requires a plaintiff to demonstrate that racial animus was the but-for cause or simply a motivating-factor in the defendant’s refusal to contract. …
Barricading The Immigration Courts, Jennifer Lee Koh
Barricading The Immigration Courts, Jennifer Lee Koh
Duke Law Journal Online
No abstract provided.
The Justices’ Forgotten Debuts, Andrew R. Gould
The Justices’ Forgotten Debuts, Andrew R. Gould
Duke Law Journal Online
No abstract provided.
Kahler V. Kansas: The End Of The Insanity Defense?, Eric Roytman
Kahler V. Kansas: The End Of The Insanity Defense?, Eric Roytman
Duke Journal of Constitutional Law & Public Policy Sidebar
In 1995, Kansas, along with a small number of other states, passed a statute abrogating the widely recognized common law insanity defense. At common law, a defendant could raise the defense when a mental illness impaired his ability to distinguish right from wrong, allowing him to escape liability even when the elements of the crime were otherwise fulfilled. However, under Kansas’ statutory scheme, evidence of a defendant’s mental illness can only be used to negate the mens rea element of the offense. In other words, evidence of mental illness is only relevant when it shows that the defendant lacked the …
Motherhood As Misogyny, Jane H. Aiken
Carrying On 'Korematsu:' Reflections On My Father's Legacy, Karen Korematsu
Carrying On 'Korematsu:' Reflections On My Father's Legacy, Karen Korematsu
Women & Law
No abstract provided.
Inching Toward Equal Dignity, Denise Brogan-Kator
Kafka's Court: Seeking Law And Justice At Guantanamo Bay, Alka Pradhan
Kafka's Court: Seeking Law And Justice At Guantanamo Bay, Alka Pradhan
Women & Law
No abstract provided.
A Personal Essay, Nitza I. Quiñones Alejandro
The Nerve: Women Of Color In The Legal Academy, Khiara M. Bridges
The Nerve: Women Of Color In The Legal Academy, Khiara M. Bridges
Women & Law
No abstract provided.
Law School In A Different Voice, Melissa Murray
On Firsts, Feminism, And The Future Of The Legal Profession, Risa L. Goluboff
On Firsts, Feminism, And The Future Of The Legal Profession, Risa L. Goluboff
Women & Law
No abstract provided.
Reflections Of A Lady Lawyer, Lisa Blatt
The Nineteenth Amendment: The Catalyst That Opened Courthouse Doors For Women On The Federal Bench, Ann Claire Williams
The Nineteenth Amendment: The Catalyst That Opened Courthouse Doors For Women On The Federal Bench, Ann Claire Williams
Women & Law
No abstract provided.
On Power & Indian Country, Maggie Blackhawk
Family, Gender, And Leadership In The Legal Profession, Kerry Abrams
Family, Gender, And Leadership In The Legal Profession, Kerry Abrams
Women & Law
No abstract provided.
State Attorneys General As Agents Of Police Reform, Jason Mazzone, Stephen Rushin
State Attorneys General As Agents Of Police Reform, Jason Mazzone, Stephen Rushin
Duke Law Journal
State attorneys general can and should play an important role in remedying police violations of constitutional rights. In 1994, Congress enacted 34 U.S.C. § 12601 to authorize the U.S. attorney general to seek equitable relief against state and local police departments engaged in patterns or practices of misconduct. The Department of Justice (“DOJ”) has used this statute to reform some of the nation’s most troubled police departments. However, the DOJ has lacked the resources to pursue more than a few cases each year, and in 2017 the Trump administration announced it would no longer enforce § 12601.
In response, some …
What’S In The “Black Box”? Balancing Financial Inclusion And Privacy In Digital Consumer Lending, Aaron Chou
What’S In The “Black Box”? Balancing Financial Inclusion And Privacy In Digital Consumer Lending, Aaron Chou
Duke Law Journal
The availability of credit is a foundation of the American economy, but not everyone has an avenue to credit. Financial Technology (“FinTech”) lending plays a sizable role in providing these avenues for Americans who would not otherwise have access to loans and are forced to turn to high-cost loan instruments like payday lending. Most scholars who have contributed to the topic of FinTech lending have focused on the risk of discrimination by Artificial Intelligence within FinTech lending platforms. This Note argues that given the recent history of data breaches in the credit industry, privacy issues should be a part of …
“Foreign Agents” In An Interconnected World: Fara And The Weaponization Of Transparency, Nick Robinson
“Foreign Agents” In An Interconnected World: Fara And The Weaponization Of Transparency, Nick Robinson
Duke Law Journal
The Foreign Agents Registration Act (“FARA”) is a sweeping and generally underenforced public-disclosure statute. Enacted in 1938, FARA was used during World War II to target fascist propaganda, but by the 1960s its enforcement had shifted to lobbyists and public-relations firms for foreign governments. After the 2016 presidential election, FARA has gained favor among policymakers and prosecutors as a central tool to respond to a range of foreign influence in U.S. politics, including foreign lobbying, electioneering, and disinformation.
This Article argues that FARA’s breadth creates substantial risk that it will be used in a politicized manner. In the past decade, …
Reconstituting The Future: An Equality Amendment, Catherine A. Mackinnon, Kimberlé W. Crenshaw
Reconstituting The Future: An Equality Amendment, Catherine A. Mackinnon, Kimberlé W. Crenshaw
Women & Law
No abstract provided.
A Border Deferred: Structural Safeguards Against Judicial Deference In Immigration National Security Cases, Ali Shan Ali Bhai
A Border Deferred: Structural Safeguards Against Judicial Deference In Immigration National Security Cases, Ali Shan Ali Bhai
Duke Law Journal
When confronted with cases lying at the intersection of immigration and national security, the judiciary has abided by a consistent principle: the president knows best. Since the late nineteenth century, rather than deciding these cases on the merits, courts have instead deferred to the executive branch. Courts’ reluctance to engage in judicial review of these policies is based on the traditions of special national security deference and the plenary power doctrine. Deference of this kind is not without its proponents, who cite the executive branch’s vast institutional advantages in the realms of immigration and national security. Detractors, on the other …
Forensics, Statistics, And Law: Ten Years After “A Path Forward”, Brandon Garrett
Forensics, Statistics, And Law: Ten Years After “A Path Forward”, Brandon Garrett
Duke Law Journal Online
No abstract provided.
Kansas V. Glover And The Issue Of Reasonable Suspicion, Zach Kumar
Kansas V. Glover And The Issue Of Reasonable Suspicion, Zach Kumar
Duke Journal of Constitutional Law & Public Policy Sidebar
It is settled law that an officer may initiate a traffic stop when there is articulable and reasonable suspicion that the person stopped has committed, is committing, or is about to commit a crime. In Kansas v. Glover, the Supreme Court has an opportunity to clarify what constitutes “reasonable suspicion.” The Court will determine whether it is reasonable for an officer to seize a vehicle if the registered owner has a revoked license and there is no information to suggest that the person driving is not the owner of the car. This Commentary argues that the Court should uphold …
Esports, Player Positions, And The Benefits Of Unionization, Roshan Patel
Esports, Player Positions, And The Benefits Of Unionization, Roshan Patel
Duke Law & Technology Review
No abstract provided.