Professors Sachs, Lemos, Coleman, Miller, and . 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. Authors interested in publishing with DJCLPP should submit articles, notes, and essays toclj-submissions@law.duke.eduor throughScholastica. Keywords: Equal Rights Amendment, Equal Protection, Sex Equality, Gender Equality, Gender Justice, Feminist Theory, Suggested Citation: DLJ is excited to announce its second-ever online essay competition! We have begun seeking applications for that issue. Date Written: August 15, 2014. 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 16 The irony that a fundamental right was so difficult to exercise results from how Constitutional rights are understood, which left many open-ended avenues for states to bring restrictions. We have begun seeking applications for that issue. This page was processed by aws-apollo-l100 in. Historically, revenge has not been viewed as a legitimate justification for punishment under American legal principles. Since 1969, it has published an annual Administrative Law Symposium issue. 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. 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. All Rights Reserved. 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. Moving forward, overturning Dobbs and going back to Roe is not good enough. Alston & Bird Distinguished Professor of Law. Publication Citation. Copyright 2023 Duke Journal of Constitutional Law & Public Policy, Duke University School of Law. Against Amendments , 13 Duke Journal of Constitutional Law & Public Policy 149-159 ( 2018 ) Brief of Professor Ernest A. to make an impact in the field immediately.. Their belief, however, may be gravely mistaken. We hope The Founders to the Constitution never intended for it to be a fixed document. 18-1514 , Commonwealth of Massachusetts v. U.S. Dept. 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. cutting-edge issues in this field, said Chemerinsky. 12 Duke Journal of Constitutional Law & Public Policy 57 (2017), Available at SSRN: https://ssrn.com/abstract=2944791 959-998 (2020)Available at: https://scholarship.law.duke.edu/dlj/vol69/iss4/4. 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. To that end, JCL cultivates innovative scholarship, promotes critical perspectives, and reinvents the traditional study of constitutional law. 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 Duke Law School has approved a new student-led journal, its eighth. All rights reserved. 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. Law School. Over time, it has the chance to become a pre-eminent venue for scholarship on constitutional law and litigation.. 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. Columbia University - Law School. 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. February 22, 2023. 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. But, a lack of abortion rights was already a lived reality for many before Dobbs. 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. It also documents the benefits and shortcomings of self-managed abortion care, a practice that will remain relevant in Dobbs aftermath. 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. 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. 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. How will open-source computer programs change redistricting debates? Prudential Standing After Lexmark International, Inc. v. Static Control Components, Inc. 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. 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.The irony that a "fundamental right" was so difficult to exercise results . For more information, please contact Kevin Zhao at kevin.y.zhao@duke.edu. 2021-07, 63 Pages Has Revenge Become a Justification to Legitimize the Death Penalty? This Note therefore calls attention to the shortcomings of the pre-Dobbs regime, lest they be lost in a sea of calls to codify Roe. In the meantime, this Note provides a framework for effective human rights advocacy in the abortion context. 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 Topics range from mandating an independent AG to an outright ban on the death penalty. Duke Journal of Constitutional Law & Public Policy, Forthcoming, Virginia Public Law and Legal Theory Research Paper No. How Customary is Customary International Law? It is also doubtful that the ERA would have any impact on reproductive rights. 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. 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. For questions regarding subscriptions, please contact the Managing Editor at conlaw@law.upenn.edu. Event hosted by the Duke Journal of Constitutional Law & Public Policy, and sponsored by the Program in Public Law and the American Constitution Society. 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. 215.898.7483, Copyright 2023 University of Pennsylvania Carey Law School. Brief of Constitutional Law Professors as Amici Curiae in Support of Petitioner, Consolidation Coal Co. v. United States, Judicial Takings and Collateral Attack on State Court Property Decisions, The Continuity of Statutory and Constitutional Interpretation: An Essay for Phil Frickey, What Does it Take to Make a Federal System? Under the ERA, the Court would likely apply strict scrutiny, which essentially amounts to a constitutional rule of sex-blindness, prohibiting state-sponsored decisions that take account of sex even when designed to enhance womens opportunities and even when pursued through laws that employ sex-neutral means. Law Review. Topics range from mandating an independent AG to an outright ban on the death penalty. To subscribe, please visit our online subscription site, Journal of Constitutional LawUniversity of Pennsylvania Carey Law School3501 Sansom StreetPhiladelphia, PA 19104conlaw@law.upenn.edu. Brief of Financial Economists as Amici Curiae in Support of Respondents. Event hosted by the Duke Journal of Constitutional Law & Public Policy, and sponsored by the Program in Public Law and the American Constitution Society. Finally, Part IV will explain and analyze how self-managed abortion presents a potential solution to the issues posed by federal legal doctrine. Duke Law > Revenge has played a role in criminal justice systems for thousands of years. The full text of both the current issue and back issues may be read online. 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. Credentials. All rights reserved. For more information, contact Tobias Coleman at tobias.coleman@law.duke.edu. Among the subjects: Is it possible or desirable to have an apolitical redistricting process? The Journal of Constitutional Law is published five times a year by students at the University of Pennsylvania Carey Law School. 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
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