For more information, please contact Kevin Zhao at kevin.y.zhao@duke.edu. 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. 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? February 22, 2023. 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. 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 "Drawing Lines: The Future of Redistricting in America" will look forward to the major issues in redistricting as America prepares to begin the 2010 Census. University of Pennsylvania Carey Law School 3501 Sansom Street In the wake of Dobbs, advocates must demand more of lawmakers by expanding the rhetoric and law surrounding abortion beyond our Roe-regime understanding. This Note examines the potential use of the de facto doctrine in the gerrymandering context. Journal of Constitutional Law Penn Carey Law State Sovereign Immunity, the Section Five Power, and the Federal Balance, The Trouble with Global Constitutionalism, Judicial Activism and Conservative Politics, Protecting Member State Autonomy in the European Union: Some Cautionary Tales from American Federalism, Sorting Out the Debate Over Customary International Law, Dual Federalism, Concurrent Jurisdiction, and the Foreign Affairs Exception, Federalism and the Double Standard of Judicial Review, State Accountability for Violations of Intellectual Property Rights: How To Fix Florida Prepaid (And How Not To), 'Alden v. Maine' and the Jurisprudence of Structure, Constitutional Avoidance, Resistance Norms, and the Preservation of Judicial Review, Hercules, Herbert, and Amar: The Trouble with Intratextualism, State Sovereign Immunity and the Future of Federalism, The Last Brooding Omnipresence: Erie Railroad Co. v. Tompkins and the Unconstitutionality of Preemptive Federal Maritime Law, The Virtues of Presidential Weakness: A Comment on Fitts, Rediscovering Conservatism: Burkean Political Theory & Constitutional Interpretation, The Supreme Court, 1991 Term - Leading Cases. To learn more, visit 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. 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. Publication Citation. It will then analyze the concept of revenge as part of a criminal justice system and discuss the United States Supreme Courts historical views on revenge as a justification for the death penalty. Why the Equal Rights Amendment Would Endanger Women's Equality: Lessons With its commitment to advancing legal knowledge and fostering critical thinking, the journal has consistently produced impactful articles that shape the legal discourse. Duke Law > 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. Context, 69 Duke L.J. The full text of both the current issue and back issues may be read online. DJCLPP will publish one issue in the 2020-21 school year year, exclusively online. Journals | Duke University School of Law Duke Law School 210 Science Dr, Duke Box 90362, Durham, NC 27708. 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. Topics range from mandating an independent AG to an outright ban on the death penalty. Constitutional Law: Rights & Liberties eJournal, Subscribe to this fee journal for more curated articles on this topic, Law & Society: Public Law - Constitutional Law eJournal, Law & Society: Private Law - Discrimination Law eJournal, Legal Anthropology: Laws & Constitutions eJournal, We use cookies to help provide and enhance our service and tailor content. Sponsored by the Duke Journal of Constitutional Law and Public Policy. Finally, Part IV will explain and analyze how self-managed abortion presents a potential solution to the issues posed by federal legal doctrine. Through its strict scrutiny test, the Court has essentially imposed on states and the federal government a constitutional rule of colorblindness, a rule that prohibits state-sponsored decisions that take account of race even when aimed at reducing racial inequality and even when pursued through laws that employ race-neutral means. 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. Brief of Financial Economists as Amici Curiae in Support of Respondents. Date Written: August 15, 2014. Alston & Bird Distinguished Professor of Law. To that end, JCL cultivates innovative scholarship, promotes critical perspectives, and reinvents the traditional study of constitutional law. 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 . We are currently only seeking articles for our Spring Issue, to be published in March of 2021. The symposium will feature a lunchtime keynote speech by Heather Gerken of Yale Law School. Curtis A. Bradley | University of Chicago Law School Law School. Duke Journal of Constitutional Law & Public Policy, Vol. , Foreword, 18 Duke Journal of Constitutional Law & Public Policy i-ii (2023) Duke Journal of Comparative & International Law Duke Journal of Constitutional Law & Public Policy, Forthcoming, Virginia Public Law and Legal Theory Research Paper No. Spencer Scheidt, A Cloud of Constitutional Illegitimacy: Prospectivity and the De Facto Doctrine in the Gerrymandering to make an impact in the field immediately.. 38 Pages Posted: 3 Sep 2014 Last revised: 9 Feb 2015. Copyright 2023 Duke Journal of Constitutional Law & Public Policy, Duke University School of Law. Forde-Mazrui, Kim, Why the Equal Rights Amendment Would Endanger Womens Equality: Lessons from Colorblind Constitutionalism (January 24, 2021). About | Duke Journal of Constitutional Law & Public Policy We will also be publishing a symposium issue in the Fall of 2020, on a topic to be determined. Duke Law Journal | Journals | Duke Law +1 919 613 8506. We hope Expertise. 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 Ernest A. Young | Scholars@Duke profile: Publications 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? Copyright 2023 Duke Journal of Constitutional Law & Public Policy, Duke University School of Law. All rights reserved. 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. What Can Europe Tell Us About the Future of American Federalism? The Duke Law Journal is a student-edited publication of the Duke Law School, committed to publishing legal writing of superior quality. Cookie Settings. 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. We have begun seeking applications for that issue. Event hosted by the Duke Journal of Constitutional Law & Public Policy, and sponsored by the Program in Public Law and the American Constitution Society. About Author Agreements Masthead Submissions Contact Submissions DJCLPP will publish one issue in the 2020-21 school year year, exclusively online. 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. Recent Developments: Regulation of Racist Speech: In re Welfare of R.A.V. Duke Journal of Constitutional Law & Public Policy From the Code of Hammurabi, to the Bible, to modern Supreme Court jurisprudence, revenge, or getting even, has been a consideration in how wrongdoers are punished, especially with respect to the imposition of the death penalty. Abstract. 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. The symposium will feature a lunchtime keynote speech by Heather Gerken of Yale Law School. DLJ is excited to announce its second-ever online essay competition! The University of Pennsylvania Journal of Constitutional Law (JCL) provides a forum for the academic advancement and interdisciplinary study of constitutional law. Its supporters continue to believe the ERA would advance womens equality. Duke Law Adds Duke Journal of Constitutional Law & Public Policy 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. Event hosted by the Duke Journal of Constitutional Law & Public Policy, and sponsored by the Program in Public Law and the American Constitution Society. Duke Journal of Constitutional Law & Public Policy Conference | Duke 210 Science Drive | Durham, NC 27708 | 919-613-7006. In the late twentieth century, however, the Court began interpreting the EPC in a way that prevents further progress toward racial equality. Prudential Standing After Lexmark International, Inc. v. Static Control Components, Inc. Since 1969, it has published an annual Administrative Law Symposium issue. Has Revenge Become a Justification to Legitimize the Death Penalty? Duke Journal of Constitutional Law & Public Policy Volume 16, Number 1 (2021) PDF Foreword i Articles PDF Why The Equal Rights Amendment Would Endanger Women's Equality: Lessons From Colorblind Constitutionalism Kim Forde-Mazrui 1 PDF Should U.S. Tax Law Be Constitutionalized? Credentials. How will open-source computer programs change redistricting debates? The journal takes advantage of a growing interest among Duke Law Kelly Keglovits. 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. 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. > Vol. "A Cloud of Constitutional Illegitimacy": Prospectivity and the De Facto Doctrine in the Gerrymandering Context Abstract 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. Lunch will be provided. Centennial Reflections on Eisner v. Macomber (1920). 210 Science Drive | Durham, NC 27708 | 919-613-7006. > DJCLPP 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. The Journal of Constitutional Law is published five times a year by students at the University of Pennsylvania Carey Law School. 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? : State Sovereign Immunity and the Great State Debt Crisis of the Early Twenty-First Century, Popular Constitutionalism and the Underenforcement Problem: The Case of the National Healthcare Law, Sorrell v. IMS Health and the End of the Constitutional Double Standard. missions, said Charles S. Murphy Professor of Law and Public Policy Christopher Schroeder, who directs that program. But, a lack of abortion rights was already a lived reality for many before Dobbs. 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. For students, Constitutional Law is a foundational course in the first-year curriculum. "Foreign Relations Law and the Purported Shift Away From "Exceptionalism"," 128 Harvard Law Review Forum 294 (2015). The journal also publishes an online supplement called Duke Law Journal Online that publishes short . Duke Journal of Constitutional Law & Public Policy Their belief, however, may be gravely mistaken. Moving forward, overturning Dobbs and going back to Roe is not good enough. Keywords: Equal Rights Amendment, Equal Protection, Sex Equality, Gender Equality, Gender Justice, Feminist Theory, Suggested Citation: The competition is open to all current Duke Law 2Ls who are not on an exclusive journal. 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 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. Lina Khan. Professors Sachs, Lemos, Coleman, Miller, and Young will comment on the proposed amendments' validity, routes to enactment, and potential pitfalls. Duke Law Journal - Wikipedia Columbia University - Law School. 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. Duke Journal of Constitutional Law & Public Policy While we accept submissions on a rolling basis, it is best to submit by early August of 2020. 215.898.7483, Copyright 2023 University of Pennsylvania Carey Law School. It also documents the benefits and shortcomings of self-managed abortion care, a practice that will remain relevant in Dobbs aftermath. Foreword | Duke Journal of Constitutional Law & Public Policy Suggested Citation: Gaughan, Anthony J., Illiberal Democracy: The Toxic Mix of Fake News, Hyperpolarization, and Partisan Election Administration (April 3, 2017). Duke Journal of Constitutional Law & Public Policy, Forthcoming, Virginia Public Law and Legal Theory Research Paper No. How Customary is Customary International Law? What is needed is an alternative ERA that would explicitly require, or at least authorize, proactive efforts to advance womens equality. and legislation. Ernest A. Young - Bibliography | Duke University School of Law 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 Young as Amicus Curiae in Support of Plaintiff-Appellant Urging Reversal in No. Duke Law Journal, established in 1951, has a long-standing reputation for publishing high-quality legal scholarship. All rights reserved. JCL, in partnership with the National Constitution Center, held its Volume 23 Symposium on the past, present, and future of presidential elections on January 29, 2021. 2021-07, 63 Pages See all articles by Zephyr Teachout Zephyr Teachout. 959-998 (2020)Available at: https://scholarship.law.duke.edu/dlj/vol69/iss4/4. Founding Editor-in-Chief Scott Mikkelsen 06 said he and fellow students wanted to capitalize on Duke Laws strength in constitutional law and policy. We have begun seeking applications for that issue. This page was processed by aws-apollo-l100 in 0.079 seconds, Using these links will ensure access to this page indefinitely. A Way Forward After Dobbs: Human Rights Advocacy and Self-Managed Abortion in the United States. 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 We are currently only seeking articles for our Spring Issue, to be published in March of 2021. 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 12 Duke Journal of Constitutional Law & Public Policy 57 (2017), Available at SSRN: https://ssrn.com/abstract=2944791 Duke Law Scholarship Repository 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. 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. Centennial Reflections on Eisner v. Macomber (1920) Reuven Avi-Yonah 65 "AGORA: Reflections on Zivotofsky v. Kerry : Historical Gloss, the Recognition Power, and Judicial Review," 109 AJIL . 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 & Public Policy Conference. For more information, contact Tobias Coleman at tobias.coleman@law.duke.edu. Young as Amicus Curiae in Support of Plaintiff-Appellant Urging Reversal in No. Professors Sachs, Lemos, Coleman, Miller, and . In this ranking article, we delve into the archives of . 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. 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. 2019-20 Officers - Duke Law Federalist Society Duke Journal of Constitutional Law & Public Policy Report Accessibility Issues and Get Help | The Fine Print. To subscribe, please visit our online subscription site, Journal of Constitutional LawUniversity of Pennsylvania Carey Law School3501 Sansom StreetPhiladelphia, PA 19104conlaw@law.upenn.edu. 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. This page was processed by aws-apollo-l100 in. It is also an important focus of Duke Law School's teaching and research. 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 Law Adds Duke Journal of Constitutional Law & Public Policy. 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 addition to the new Duke Journal Constitutional Law & Public Policy, Duke Law School publishes Duke Law Journal, Law and Contemporary Problems, Duke Journal of
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