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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.
Religion In The Workplace: A Report On The Layers Of Relevant Law In The United States, William W. Van Alstyne
Religion In The Workplace: A Report On The Layers Of Relevant Law In The United States, William W. Van Alstyne
Faculty Scholarship
This article reports on the thick layers of law applicable to claims of religious exception to public and private employment workplaces in the United States. It reviews the Supreme Court's First and Fourteenth Amendment salient holdings, distinguishing public sector (government) workplaces, and the extent to which legislative bodies may and may not oblige private employers to "accommodate" religiously-asserted requirements. It also provides exhaustive footnote analyses of all major federal statutes (plus some representative state and local law variations) pertinent to the topic. Its principal conclusions are these: In the currently prevailing view of the U.S. Supreme Court, neither public nor …
Cruel And Unequal Punishment, Nita A. Farahany
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 …
Pregnancy And Sex-Role Stereotyping: From ‘Struck’ To ‘Carhart’, Neil S. Siegel, Reva B. Siegel
Pregnancy And Sex-Role Stereotyping: From ‘Struck’ To ‘Carhart’, Neil S. Siegel, Reva B. Siegel
Faculty Scholarship
The guarantee of equal protection of the laws extends to women as well as men. Yet for the first 100 years of the Fourteenth Amendment’s life, the Supreme Court never found a law unconstitutional on the grounds that it discriminated on the basis of sex. Between 1970 and 1980, social movement advocacy and brilliant litigation by Ruth Bader Ginsburg and others changed our constitutional law. Over the course of the decade, the Court extended the anti-stereotyping principle from discrimination on the basis of race to discrimination on the basis of sex. But fidelity to the principle had its limits. In …