Law Commons^™

How Does The Law Put A Historical Analogy To Work?: Defining The Imposition Of “A Condition Analogous To That Of A Slave” In Modern Brazil, Rebecca J. Scott, Leonardo Augusto De Andrade Barbosa, Carlos Henrique Borlido Haddad

Duke Journal of Constitutional Law & Public Policy

No abstract provided.

Damned Lies & Criminal Sentencing Using Evidence-Based Tools, John Lightbourne

Duke Law & Technology Review

The boom of big data and predictive analytics has revolutionized business. eHarmony matches customers based on shared likes and expectations for romance, and Target uses similar methods to strategically push its products on shoppers. Courts and Departments of Corrections have also sought to employ similar tools. However, the use of data analytics in sentencing raises a host of constitutional concerns. In State v. Loomis, the Wisconsin Supreme Court was faced with whether the use of an actuarial risk assessment tool based on a proprietary formula violates a defendant’s right to due process where the defendant could not review how the …

Journal Staff

Duke Journal of Constitutional Law & Public Policy

No abstract provided.

Custody: Kids, Counsel And The Constitution, Amy E. Halbrook

Duke Journal of Constitutional Law & Public Policy

Fifty years ago, the United States Supreme Court in In re Gault held that children have the constitutional right to traditional counsel in cases where their physical liberty interests are at stake. As a result, children are provided counsel during the adjudication phase of delinquency proceedings in order to ensure protection of their rights. Gault did not, however, extend the automatic right to traditional counsel to other contexts in which children most frequently appear in court: family law cases.

This Article explores whether a child’s right to traditional counsel should be extended to children in the private custody context. The …

Breaking The Cycle: Countering Voter Initiatives And The Underrepresentation Of Racial Minorities In The Political Process, Kristen Barnes

Duke Journal of Constitutional Law & Public Policy

This Article examines issues of inequality in education, minority representation, and access to the political process. The Article considers constitutional protections and other legal mechanisms available to racial minorities to nullify or circumnavigate majoritarian voter initiatives that seek to override federal constitutional guarantees and United States Supreme Court holdings on the validity of the use of race in university admissions decisions. Voter initiatives have been used to undermine the socio-economic and political interests of vulnerable communities. In the education realm, affirmative action opponents are increasingly adopting this instrument to defeat race-conscious admissions policies. This Article focuses on several seminal cases …

Arbitrary Detention? The Immigration Detention Bed Quota, Anita Sinha

Duke Journal of Constitutional Law & Public Policy

When President Obama took office in 2009, Congress through appropriations linked the U.S. Department of Homeland Security’s (DHS) funding to “maintaining” 33,400 immigration detention beds a day. This provision, what this Article refers to as the bed quota, remains in effect, except now the mandate is 34,000 beds a day. Since 2009, DHS detentions of non-citizens have gone up by nearly 25 percent. To accommodate for this significant spike over a relatively short period of time, the federal government has relied considerably on private prison corporations to build and operate immigration detention facilities.

This Article takes a comprehensive look at …