Young as Amicus Curiae in Support of Plaintiff-Appellant Urging Reversal in No. For questions regarding subscriptions, please contact the Managing Editor at conlaw@law.upenn.edu. 18-1514, State Public-Law Litigation in an Age of Polarization. Its supporters continue to believe the ERA would advance womens equality. The purpose of the Equal Protection Clause (EPC) to those who drafted and ratified it was racial equality. However, the doctrine as traditionally articulated only serves to validate past official acts; once the official in question has lost the color of authority, the doctrine no longer affords his actions de facto validity. Last revised: 4 Apr 2022. Duke Journal of Constitutional Law & Public Policy The full text of both the current issue and back issues may be read online. Spencer Scheidt, A Cloud of Constitutional Illegitimacy: Prospectivity and the De Facto Doctrine in the Gerrymandering Brief of Federalism Scholars as Amici Curiae in Support of Respondent Windsor, A General Defense of Erie Railroad Co. v. Tompkins, A Research Agenda for Uncooperative Federalists, Federalism, Liberty, and Equality in United States v. Windsor. This page was processed by aws-apollo-l100 in. Courts have traditionally shielded the acts of malapportioned or otherwise illegally constituted legislatures from dissolution by employing the de facto doctrine, an ancient common law policy tool with medieval roots. With its commitment to advancing legal knowledge and fostering critical thinking, the journal has consistently produced impactful articles that shape the legal discourse. For more information, contact Frances Presma (919) 613-7248. 16 Published since 1990, the Duke Journal of Comparative & International Law is a student-edited publication of Duke Law School which features articles from prominent international scholars and practitioners focusing on issues of comparative and international law. Keywords: Equal Rights Amendment, Equal Protection, Sex Equality, Gender Equality, Gender Justice, Feminist Theory, Suggested Citation: practical resource for lawyers, judges, and legislators to use when confronting fresh constitutional issues or constitutional and policy dimensions of recent and pending state and federal decisions Illiberal Democracy: The Toxic Mix of Fake News - SSRN DLJ is excited to announce its second-ever online essay competition! Centennial Reflections on Eisner v. Macomber (1920) Reuven Avi-Yonah 65 In the late twentieth century, however, the Court began interpreting the EPC in a way that prevents further progress toward racial equality. Topics range from mandating an independent AG to an outright ban on the death penalty. Hard-bound issues are available by subscription or by special order. > No. Lunch will be provided. See all articles by Zephyr Teachout Zephyr Teachout. It will coordinate wonderfully with the Program in Public Law, which counts informing the legal and larger communities on important matters of constitutional law among its primary Revenge has played a role in criminal justice systems for thousands of years. The student-edited Duke Journal of Constitutional Law & Public Policy examines legal issues at the intersection of constitutional litigation and public policy. Professors Sachs, Lemos, Coleman, Miller, and Young will comment on the proposed amendments' validity, routes to enactment, and potential pitfalls. Duke Law Journal | Journals | Duke Law In addition to the new Duke Journal Constitutional Law & Public Policy, Duke Law School publishes Duke Law Journal, Law and Contemporary Problems, Duke Journal of Law School. Part I of this Note will first examine the evolution of United States case law and policy regarding abortion, noting the previous federal right and Dobbs elimination of such protections. and legislation. Journals | Duke University School of Law missions, said Charles S. Murphy Professor of Law and Public Policy Christopher Schroeder, who directs that program. Centennial Reflections on Eisner v. Macomber (1920). Duke University School of Law - Wikipedia While we accept submissions on a rolling basis, it is best to submit by early August of 2020. Credentials. Has Revenge Become a Justification to Legitimize the Death Penalty? 8:1, 2013 71 Pages Posted: 27 Jun 2013 Last revised: 4 Apr 2014 David S. Rubenstein Washburn University - School of Law Date Written: August 1, 2013 Abstract At the heart of the subfederal immigration revolution are two core questions. It is also an important focus of Duke Law School's teaching and research. The symposium will feature a lunchtime keynote speech by Heather Gerken of Yale Law School. Young as Amicus Curiae in Support of Plaintiff-Appellant Urging Reversal in No. February 22, 2023. About | Duke Journal of Constitutional Law & Public Policy We are currently only seeking articles for our Spring Issue, to be published in March of 2021. In 2022, congressional consideration of the Revised National Critical Capabilities Defense Act (Revised NCCDA), colloquially known as "Reverse CFIUS", caused a flurry of conversation amongst congressional committees, legal practitioners, and private companies. A Way Forward After Dobbs: Human Rights Advocacy and Self-Managed Abortion in the United States. 210 Science Drive | Durham, NC 27708 | 919-613-7006. As race equality scholars know all too well, colorblind constitutionalism tends to lock in racial inequality.This article argues that the ERA likewise threatens to lock in womens inequality. 18-1514 , Commonwealth of Massachusetts v. U.S. Dept. Why the Equal Rights Amendment Would Endanger Women's Equality: Lessons Ernest A. Young - Bibliography | Duke University School of Law But, a lack of abortion rights was already a lived reality for many before Dobbs. Does Eliminating Life Tenure For Article Iii Judges Require A Constitutional Amendment? In its most basic form, the de facto doctrine seeks to safeguard the acts of unlawful but well-intentioned public officials from collateral attack out of concern for third-party reliance and a bald recognition of necessity. The journal should be an important addition to law reviews in that it will be the first to focus primarily on constitutional law from the perspective of lawyers and judges dealing with Part II will explain the flaws of the previous negative rights regime under Roe and Casey that created access gaps, permitted harmful restrictions, and failed to hold states accountable. The purpose of the Equal Rights Amendment (ERA) to those who drafted it and those who worked for nearly a century to see it ratified, is womens equality. Nor does the ERA apply at all to the private sector in which most of the concerns of ERA supporters occur, such as unequal pay, sexual harassment, and violence against women. Although this has not prevented courts from extending the doctrine, or something like it, to cover prospective acts in certain scenarios, courts have generally avoided taking a look under the hood and wrestling with the policy concerns underlying the doctrine to see if they still apply prospectively. By examining the historical roots of the doctrine, tracing its modern development, and considering its underlying policy rationales, this Note seeks to answer two questions: (1) how have courts expanded the de facto doctrine and its animating principles prospectively? The Duke Law Journal is a student-edited publication of the Duke Law School, committed to publishing legal writing of superior quality. Duke Journal of Constitutional Law & Public Policy Conference | Duke It seemed like we were missing a real opportunity to make our voice more prominent in the legal and academic community, and among our peer institutions, said Mikkelsen. 2021-07 63 Pages Posted: 25 Jan 2021 Last revised: 4 Apr 2022 Kim Forde-Mazrui University of Virginia School of Law Date Written: January 24, 2021 Abstract Recent Developments: Regulation of Racist Speech: In re Welfare of R.A.V. Brief of Federal Courts Scholars as Amici Curiae in Support of the Petitioner, Brief of Amici Curiae Federal Courts Scholars and Southeastern Legal Foundation in Support of Respondents, Our Prescriptive Judicial Power: Constitutive and Entrenchment Effects of Historical Practice in Federal Courts Law, Modern-Day Nullification: Marijuana and the Persistence of Federalism in an Age of Overlapping Regulatory Jurisdiction, Universal Jurisdiction, the Alien Tort Statute, and Transnational Public Law Litigation after Kiobel, Brief of Common Law Scholars as Amici Curiae in Support of Respondents. In Praise of Judge Fletcher--And of General Standing Principles, United States v. Windsor And The Role Of State Law In Defining Rights Claims, 'The Ordinary Diet of the Law': The Presumption Against Preemption in the Roberts Court, Its Hour Come Round at Last? 38 Pages Posted: 3 Sep 2014 Last revised: 9 Feb 2015. This Part will include an examination of various self-managed abortion efforts already underway, in light of human rights advocacy goals, and demonstrate the need for governmental accountability for solutions beyond what self-managed advocacy efforts may be able to achieve. Finally, Part IV will explain and analyze how self-managed abortion presents a potential solution to the issues posed by federal legal doctrine. The Duke Journal of Constitutional Law & Public Policy (DJCLPP) is a scholarly publication that examines legal issues at the intersection of constitutional litigation and public policy. The Duke Journal of Constitutional Law & Public Policy is hosting its Spring Symposium and has invited 5 constitutional scholars to propose drafts of amendments to the Constitution. Professors Sachs, Lemos, Coleman, Miller, and . Curtis A. Bradley | University of Chicago Law School The journal takes advantage of a growing interest among Duke Law Duke Law Journal - Wikipedia "A Cloud of Constitutional Illegitimacy - Duke Law Journal Sponsored by the Program in Public Law, Duke Journal of Constitutional Law & Public Policy is intended as a Duke Journal of Comparative & International Law students in the important public law issues of the day. Schroeder will serve as faculty advisor to the journal, along with Alston & Bird Professor of Law Erwin Chemerinsky. International Human Rights law, however, offers a more optimistic and accountable approach to steps forward in increasing abortion accessillustrating a need to bring a human rights-based approach home. We are currently only seeking articles for our Spring Issue, to be published in March of 2021. Alston & Bird Distinguished Professor of Law. For students, Constitutional Law is a foundational course in the first-year curriculum. Duke Journal of Constitutional Law & Public Policy, Forthcoming Virginia Public Law and Legal Theory Research Paper No. 210 Science Drive | Durham, NC 27708 | 919-613-7006, FOLLOW DUKE LAW On Instagram On Facebook On Twitter On Youtube, 210 Science Drive | Durham, NC 27708 | 919-613-7006 Get Directions, 2023 Duke University School of Law, All rights reserved | Duke Privacy Statement, State Sovereign Immunity After the Revolution, The Volk of New Jersey? University of Pennsylvania Carey Law School 3501 Sansom Street The Duke Journal of Constitutional Law & Public Policy is hosting its Spring Symposium and has invited 5 constitutional scholars to propose drafts of amendments to the Constitution. Politics, Doctrine, and the "Federalist Revival" after Gonzales v. Raich, Making Federalism Doctrine: Fidelity, Institutional Competence, and Compensating Adjustments, English Constitutionalism circa 2005, or, Some Funny Things Happened After the Revolution, It's Just Water: Toward the Normalization of Admiralty, Welcome to the Dark Side: Liberals Rediscover Federalism in the Wake of the War on Terror, Is the Sky Falling on the Federal Government? Report Accessibility Issues and Get Help | The Fine Print. "Constructed Constraint and the Constitutional Text," 64 Duke Law Journal 1213 (2015) (with Neil Siegel). Duke Law School 210 Science Dr, Duke Box 90362, Durham, NC 27708. Expertise. All rights reserved. Duke Law Journal ; and (2) how do those expansions shape the prospective application of the doctrine in the gerrymandering context? The journal, which is published electronically three times per year, publishes articles from international scholars and practitioners, and student notes on international, transnational, and comparative law. The Journal of Constitutional Law is published five times a year by students at the University of Pennsylvania Carey Law School. Columbia University - Law School. "AGORA: Reflections on Zivotofsky v. Kerry : Historical Gloss, the Recognition Power, and Judicial Review," 109 AJIL . Sponsored by the Duke Journal of Constitutional Law and Public Policy. Academic Experience. Constitutional Law and Civil Rights | Duke University School of Law Suggested Citation: Gaughan, Anthony J., Illiberal Democracy: The Toxic Mix of Fake News, Hyperpolarization, and Partisan Election Administration (April 3, 2017). Duke Law Journal, established in 1951, has a long-standing reputation for publishing high-quality legal scholarship. Journal of Constitutional Law Penn Carey Law Comparative and International Law,Duke Journal of Gender Law and Policy, Duke Environmental Law and Policy Forum, Duke Law and Technology Review and the Alaska For more information, please contact Kevin Zhao at kevin.y.zhao@duke.edu. What is needed is an alternative ERA that would explicitly require, or at least authorize, proactive efforts to advance womens equality. All rights reserved. > Journals Moving forward, overturning Dobbs and going back to Roe is not good enough. However, in the past year, both the United States Supreme Court and the Department of Justice have signaled that revenge may well have a legitimate role in justifying the death penalty. The Journal of Constitutional Law is published five times a year by students at the University of Pennsylvania Carey Law School. Finally, this Note ultimately asserts that revenge is not and should not be a goal of the criminal justice system given the public policy implications. The ERA may be on the cusp of ratification depending on congressional action and potential litigation. Philadelphia, PA 19104 On Constitutional Entrenchment, Separate Spheres, and Identity, Historical Practice and the Contemporary Debate Over Customary International Law, Does the Supreme Court Follow the Economic Returns? Over time, it has the chance to become a pre-eminent venue for scholarship on constitutional law and litigation.. Started in 1951 as the Duke Bar Journal, DLJ publishes eight issues each year. Next, this Note will investigate revenges role in the Victims Rights Movement, specifically how revenge factors into victim impact statements. The Founders to the Constitution never intended for it to be a fixed document. Ernest A. Young | Scholars@Duke profile: Publications cutting-edge issues in this field, said Chemerinsky. "Foreign Relations Law and the Purported Shift Away From "Exceptionalism"," 128 Harvard Law Review Forum 294 (2015). We have begun seeking applications for that issue. The Founders to the Constitution never intended for it to be a fixed document. The University of Pennsylvania Journal of Constitutional Law (JCL) provides a forum for the academic advancement and interdisciplinary study of constitutional law. The journal will publish online at regular intervals and will publish a print edition each spring. Date Written: August 15, 2014. Revenge has played a role in criminal justice systems for thousands of years. Copyright 2022 Duke Law Journal, Duke University School of Law. We will also be publishing a symposium issue in the Fall of 2020, on a topic to be determined. Since its founding, the Journal of Constitutional Law (JCL) has emerged as a leading publication and remains the only Ivy League publication that exclusively concentrates on issues of constitutional law. Furthermore, the ERA would endanger single-sex settings, especially educational and extracurricular programs.Moreover, the ERA would not prohibit any state-sponsored discrimination against women that is not already unconstitutional under the EPC. Part III will compare the United States pre-Dobbs approach to abortion protections to International Human Rights law and highlight the United States express failure to ratify international treaties and adopt the positive rights approach to abortion. How Customary is Customary International Law? Duke Journal of Constitutional Law & Public Policy, Vol 9:1. Abstract. This Note will explore the development of revenge as a justification for punishment in the American criminal justice system. 1 (2021), Why The Equal Rights Amendment Would Endanger Womens Equality: Lessons From Colorblind Constitutionalism, Should U.S. Tax Law Be Constitutionalized? Highlighting the difference between a fundamental right before Dobbs and a human right under International Human Rights law, this Part will use this comparison to point out additional flaws and gaps created by the negative rights approach. Prudential Standing After Lexmark International, Inc. v. Static Control Components, Inc. State Identity, Distinctiveness, and Political Culture in the American Federal System, The Supreme Court and the Constitutional Structure, Chaos, Accomplishment, and Work, or, What I Learned on Paternity Leave, Brief of Public Law Scholars as Amici Curiae in Support of Petitioners, Dartmouth College v. Woodward and the Structure of Civil Society, Dying Constitutionalism and the Fourteenth Amendment, State Standing and Cooperative Federalism, Brief of Professor Ernest A. Both racial and partisan gerrymandering present distinct challenges for courts seeking to prospectively apply the de facto doctrine to acts of a state legislature: generally, gerrymanders are created intentionally, making it harder to apply any good faith exception; illegal gerrymandering by its nature trespasses on important constitutional guarantees; and the traditional motivations for the de facto doctrinenecessity and reliancearguably do not apply to legislation crafted by an unconstitutional government body seeking to preserve its power. Rankings Duke University School of Law (February 2023) Duke Law School is currently ranked number 5th, along with Harvard Law School and New York University School of Law, in the 2023-2024 U.S. News' Best Law Schools ranking. Copyright 2023 Duke Journal of Constitutional Law & Public Policy, Duke University School of Law. 210 Science Drive | Durham, NC 27708 | 919-613-7006. Suggested Citation, 580 Massie RoadCharlottesville, VA 22903United States434-924-3299 (Phone)434-924-7536 (Fax), University of Virginia Public Law & Legal Theory Research Paper Series, Subscribe to this free journal for more curated articles on this topic, U.S. AT A GLANCE. We hope Among the subjects: Is it possible or desirable to have an apolitical redistricting process? +1 919 613 8506. Duke Journal of Constitutional Law & Public Policy Brief of Public Law Scholars as Amici Curiae in Support of Petitioner, Exit, Voice, and Loyalty as Federalism Strategies: Lessons from the Same-Sex Marriage Debate. For more information, contact Tobias Coleman at tobias.coleman@law.duke.edu. For more information, contact Tobias Coleman at tobias.coleman@law.duke.edu. Even in the era before Dobbs, wherein the Supreme Court repeatedly classified abortion as a fundamental right, the ability to have an abortion was inaccessible in many parts of the United States. Duke Journal of Constitutional Law & Public Policy, Forthcoming, Virginia Public Law and Legal Theory Research Paper No. Duke Journal of Constitutional Law & Public Policy, Forthcoming, Virginia Public Law and Legal Theory Research Paper No. It will begin by showing that recent remarks from the bench and the Department of Justice signal a willingness to consider the effects of revenge on crime victims. And what is the future of the majority-minority district? DJCLPP serves as both a practical resource for lawyers, judges, and legislators who confront cutting-edge constitutional and public policy issues and a forum . Copyright 2023 Duke Journal of Constitutional Law & Public Policy, Duke University School of Law. As a result of its position within the legal academy, JCL is fortunate to receive and publish the work of many of the leading scholars in the field from all over the world, including: the Honorable Sandra Day OConnor, the Honorable Guido Calabresi, Richard Epstein, Laurence Tribe, Seth Kreimer, Kermit Roosevelt, Erwin Chemerinsky, Marci Hamilton, Barry Cushman, Sandy Levinson, Martin Redish, David Rudovsky, Mark Tushnet, the Honorable Douglas H. Ginsburg, and Jerry Mashaw. The symposium will feature a lunchtime keynote speech by Heather Gerken of Yale Law School. Duke Journal of Constitutional Law & Public Policy At Duke, she serves as a Guardian ad litem for youth in Durham County, a staff editor on the Duke Journal of Constitutional Law and Public Policy, and is a member of the Moot Court Board and Mock Trial Board. Since 1969, it has published an annual Administrative Law Symposium issue. This Note examines the potential use of the de facto doctrine in the gerrymandering context. Duke Journal of Constitutional Law and Public Policy Symposium Forde-Mazrui, Kim, Why the Equal Rights Amendment Would Endanger Womens Equality: Lessons from Colorblind Constitutionalism (January 24, 2021). The Puzzling Persistence of Dual Federalism. Fordham University School of Law. Journals | 22-23 School of Law Bulletin This page was processed by aws-apollo-l100 in 0.079 seconds, Using these links will ensure access to this page indefinitely. Brief of Financial Economists as Amici Curiae in Support of Respondents. How will open-source computer programs change redistricting debates? During her 1L summer, she worked as a law clerk in the Money Laundering and Asset Recovery Section of the Criminal Division of the U.S . The Conceptual Conundrum at the Core of the Kelo Dissent, Art Threats and First Amendment Disruption, A Comparative Study of the Political Question Doctrine in the Context of Political System Failures: The United States and The United Kingdom, Social Media Defamation: A New Legal Frontier Amid the Internet Wild West, "The Good of Each of the Parts": A Collective Action Understanding of the Treaty Clause, Duke University School of LawAccessibility Statement | Contact Duke Law | Duke University Home, Duke Journal of Constitutional Law & Public Policy. Jordan Ryan. 215.898.7483, Copyright 2023 University of Pennsylvania Carey Law School. Duke Journal of Constitutional Law & Public Policy About Author Agreements Masthead Submissions Contact Current Issue Volume 18, Number 1 - 2023 Articles Constitutional Hardball and Nationwide Preliminary Injunctions Jack Thorlin PDF FOLLOW DUKE LAW On Instagram On Facebook On Twitter On Youtube, 210 Science Drive | Durham, NC 27708 | 919-613-7006 Get Directions, 2023 Duke University School of Law, All rights reserved | Duke Privacy Statement, Duke Journal of Constitutional Law and Public Policy Symposium: Amending the Constitution. Intermediate scrutiny, however, allows sex distinctions that promote womens opportunities or otherwise advance womens equality. Duke Law Scholarship Repository To learn more, visit 12 Duke Journal of Constitutional Law & Public Policy 57 (2017), Available at SSRN: https://ssrn.com/abstract=2944791 210 Science Drive | Durham, NC 27708 | 919-613-7006. A Response to 'A Macrotheory of the Court', Curricula and Complacency: A Response To Professor Levinson, Supranational Rulings As Judgments and Precedents, Tennis with the Net Down: Administrative Federalism without Congress, The Constitutive and Entrenchment Functions of Constitutions: A Research Agenda, Federal Suits and General Laws: A Comment on Judge Fletcher's Reading of Sosa v. Alvarez-Machain, Sosa and the Retail Incorporation of International Law, Stalking the Yeti: Protective Jurisdiction, Foreign Affairs Removal, and Complete Preemption, The Constitution Outside the Constitution, Toward a Framework Statute for Supranational Adjudication, Foreign Law and the Denominator Problem (The Supreme Court, 2004 Term), Institutional Settlement in a Globalizing Judicial System, Just Blowing Smoke? Duke Law > Duke Journal of Constitutional Law & Public Policy Alaska Law Review Duke Environmental Law & Policy Forum Duke Journal of Comparative & International Law Duke Journal of Constitutional Law & Public Policy Duke Law & Technology Review Duke Law Journal Law & Contemporary Problems learn more Posted: 25 Jan 2021 Up to two winning submissions will be selected for publication in the DLJ Online in Fall 2023.For more information, please visit the Student Essay Competition page.
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