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Full-Text Articles in Law
The Limits Of Advocacy, Amanda Frost
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 …
Not Peace, But A Sword: Navy V. Egan And The Case Against Judicial Abdication In Foreign Affairs, Jason Rathod
Not Peace, But A Sword: Navy V. Egan And The Case Against Judicial Abdication In Foreign Affairs, Jason Rathod
Duke Law Journal
In the United States' system of separation of powers, the judiciary must safeguard the rights of individuals from abuses by the political branches of government. Yet, when it comes to matters touching foreign affairs, scholars such as John Yoo and jurists such as Antonin Scalia argue that the executive branch is entitled to virtually unreviewable discretion. They point to Navy v. Egan for support. There, the Court held that an administrative body that hears appeals from adverse actions against government employees was precluded from reviewing the merits of security clearance determinations because the executive branch deserves "super-strong" deference in foreign …
Forgotten Racial Equality: Implicit Bias, Decisionmaking, And Misremembering, Justin D. Levinson
Forgotten Racial Equality: Implicit Bias, Decisionmaking, And Misremembering, Justin D. Levinson
Duke Law Journal
In this Article, I claim that judges and jurors unknowingly misremember case facts in racially biased ways. Drawing upon studies from implicit social cognition, human memory research, and legal decisionmaking, I argue that implicit racial biases affect the way judges and jurors encode, store, and recall relevant case facts. I then explain how this phenomenon perpetuates racial bias in case outcomes. To test the hypothesis that judges and jurors misremember case facts in racially biased ways, I conducted an empirical study in which participants were asked to recall facts of stories they had read only minutes earlier. Results of the …
Race-Conscious Student Assignment Plans: Balkanization, Integration, And Individualized Consideration, Neil S. Siegel
Race-Conscious Student Assignment Plans: Balkanization, Integration, And Individualized Consideration, Neil S. Siegel
Duke Law Journal
In deciding Meredith v. Jefferson County Board of Education and Parents Involved in Community Schools v. Seattle School District No. 1, the Supreme Court of the United States will likely confront a critical issue to emerge from the lower court opinions on voluntary integration plans: whether school districts that use race as a factor in student assignment must comply with a legal requirement of individualized consideration. The Court has imposed such a requirement in other contexts, but it has not clearly explained what the concept of individualized consideration means and why particular forms of it matter.
Johnson V. California: A Grayer Shade Of Brown, Brandon N. Robinson
Johnson V. California: A Grayer Shade Of Brown, Brandon N. Robinson
Duke Law Journal
No abstract provided.
The Case For Reauthorizing Section Five Of The Voting Rights Act, John Michael Eden
The Case For Reauthorizing Section Five Of The Voting Rights Act, John Michael Eden
Duke Law Journal
No abstract provided.
Equal Citizenship At Ground Level: The Consequences Of Nonstate Action, Kenneth L. Karst
Equal Citizenship At Ground Level: The Consequences Of Nonstate Action, Kenneth L. Karst
Duke Law Journal
No abstract provided.
Diversity And The Practice Of Interest Assessment, Robert F. Nagel
Diversity And The Practice Of Interest Assessment, Robert F. Nagel
Duke Law Journal
No abstract provided.
Why Modest Proposals Offer The Best Solution For Combating Racial Profiling, Sean P. Trende
Why Modest Proposals Offer The Best Solution For Combating Racial Profiling, Sean P. Trende
Duke Law Journal
No abstract provided.
Shades Of Brown: The Law Of Skin Color, Trina Jones
Shades Of Brown: The Law Of Skin Color, Trina Jones
Duke Law Journal
Because antidiscrimination efforts have focused primarily on race, courts have largely ignored discrimination within racial classifications on the basis of skin color. In this Article, Professor Jones brings light to this area by examining the historical and contemporary significance of skin color in the United States. She argues that discrimination based on skin color, or colorism, is a present reality and predicts that this form of discrimination will assume increasing significance in the future as current understandings of race and racial classifications disintegrate. She maintains that the legal system must develop a firm understanding of colorism in order for the …
Proposition 209, Girardeau A. Spann
Seeking Pluralism In Judicial Systems: The American Experience And The South African Challenge, A. Leon Higginbotham Jr.
Seeking Pluralism In Judicial Systems: The American Experience And The South African Challenge, A. Leon Higginbotham Jr.
Duke Law Journal
No abstract provided.
Obscuring The Importance Of Race: The Implication Of Making Comparisons Between Racism And Sexism (Or Other-Isms), Trina Grillo, Stephanie M. Wildman
Obscuring The Importance Of Race: The Implication Of Making Comparisons Between Racism And Sexism (Or Other-Isms), Trina Grillo, Stephanie M. Wildman
Duke Law Journal
No abstract provided.
Dissolving The Sameness/Difference Debate: A Post-Modern Path Beyond Essentialism In Feminist And Critical Race Theory, Joan C. Williams
Dissolving The Sameness/Difference Debate: A Post-Modern Path Beyond Essentialism In Feminist And Critical Race Theory, Joan C. Williams
Duke Law Journal
No abstract provided.
A Hair Piece: Perspectives On The Intersection Of Race And Gender, Paulette M. Caldwell
A Hair Piece: Perspectives On The Intersection Of Race And Gender, Paulette M. Caldwell
Duke Law Journal
No abstract provided.
Title Vi Of The 1964 Civil Rights Act And The Closing Of A Public Hospital, Mitchell A. Horwich
Title Vi Of The 1964 Civil Rights Act And The Closing Of A Public Hospital, Mitchell A. Horwich
Duke Law Journal
No abstract provided.