Constitutional Law Commons^™

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

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

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

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

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

Duke Journal of Constitutional Law & Public Policy Sidebar

No abstract provided.

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

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

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

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

Duke Journal of Constitutional Law & Public Policy Sidebar

No abstract provided.

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

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

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

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.

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

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

Duke Journal of Constitutional Law & Public Policy Sidebar

No abstract provided.

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

Duke Journal of Constitutional Law & Public Policy Sidebar

No abstract provided.

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

Duke Journal of Constitutional Law & Public Policy Sidebar

No abstract provided.

Supreme Court Preemption Doctrine, Christopher H. Schroeder

Faculty Scholarship

In the United States, law and policy always function within layers of government authority – federal, state, and local. This book primarily examines the choices policy makers, legislatures, or agencies face in allocating and coordinating responsibility among these layers; choices that will always be constrained by any limits placed on them by the U.S. Constitution, as interpreted by the Supreme Court. This chapter explores the doctrine that the Supreme Court has elaborated to address one set of those constraints, namely the doctrine of preemption.

Preemption doctrine rests on Article VI of the Constitution, which provides that the laws and treaties …

Making Sense Of Schaumburg: Seeking Coherence In First Amendment Charitable Solicitation Law, John D. Inazu

Faculty Scholarship

The Supreme Court shaped its approach to charitable solicitation in a trilogy of cases in the 1980s: Schaumburg v. Citizens for a Better Environment (1980), Secretary of State of Maryland v. Joseph H. Munson Co. (1984), and Riley v. National Federation of the Blind of North Carolina (1988). Owing largely to ambiguity surrounding the concepts of content analysis, tiered scrutiny, and commercial speech emerging during that era, the Court failed to articulate a coherent framework for evaluating regulations of charitable solicitation. The result has left the Court without a clear understanding of the value of charitable solicitation. It has also …

‘The Federalist’ Abroad In The World, Donald L. Horowitz

Faculty Scholarship

This paper traces the influence of The Federalist Papers on five continents. From 1787 to roughly 1850, The Federalist was widely read and highly influential, especially in Europe and Latin America. Federalist justifications for federalism as a solution to the problem of creating a continental republic or to provincial rivalries were widely accepted. So, too, was the presidency, at least in Latin America, and that region adopted judicial review later in the nineteenth century. Presidentialism and judicial review fared less well in Western Europe. Following World War II, judicial review slowly became part of the standard equipment of new and …

Presidential Popular Constitutionalism, Jedediah Purdy

Faculty Scholarship

This Article adds a new dimension to the most important and influential strand of recent constitutional theory: popular or democratic constitutionalism, the investigation into how the U.S. Constitution is interpreted (1) as a set of defining national commitments and practices, not necessarily anchored in the text of the document, and (2) by citizens and elected politicians outside the judiciary. Wide-ranging and groundbreaking scholarship in this area has neglected the role of the President as a popular constitutional interpreter, articulating and revising normative accounts of the nation that interact dynamically with citizens’ constitutional understandings. This Article sets out a “grammar” of …

Historical Practice And The Contemporary Debate Over Customary International Law, Ernest A. Young

Faculty Scholarship

Response to: Anthony J. Bellia, Jr. & Bradford R. Clark, The Federal Common Law of Nations, 109 Colum. L. Rev. 1 (2009).

A.J. Bellia and Brad Clark have performed a valuable service for other scholars interested in foreign relations law and federal jurisdiction by collecting and illuminating—with their usual care and insight—the historical practice of both English and early American courts with respect to the law of nations. Their recent Article, The Federal Common Law of Nations, demonstrates that, while American courts have not generally treated customary international law (CIL) as supreme federal law, they have applied such law where …