The Duke Journal of Constitutional Law & Public Policy regularly publishes an online edition — the “Sidebar” — with timely comments on topical trends and current subjects of constitutional law and public policy. The Sidebar provides a forum for students, professors, practitioners, judges, and policy-makers to discuss trends in the law via brief essays, notes, and commentaries that can be quickly published.

On the Record… articles were issued as a component of the “Sidebar” from 2006 to 2009.

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Submissions from 2013

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Medtronic v. Boston Scientific: Allocating the Burden of Proof in Declaratory Judgment Actions for Patent Non-Infringement, Brianna Strange

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At Home in the Outer Limits: DaimlerChrysler v. Bauman and the Bounds of General Personal Jurisdiction, Todd W. Noelle

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Atlantic Marine v. J-Crew: The Future of Forum-Selection Clauses in Federal Courts, Sarah Sheridan

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The Voting Rights Act's Fight to Stay Rational: Shelby County v. Holder, Sudeep Paul

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Maryland v. King: The Fourth Amendment Spirals Down the Double Helix, Sitara V. Witanachchi

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Hollingsworth v. Perry: Expressive Harm and the Stakes of "Marriage", Corinne Blalock

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Patent Exhaustion and the Federal Circuit’s Deviant Conditional Sale Doctrine: Bowman v. Monsanto, Adam Garmezy

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McBurney v. Young: Testing the Limits of Citizens-Only Freedom of Information Laws, Patrick Jamieson

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Materiality Immaterial? Revisiting Standards for Securities Fraud Class Certification in Amgen v. Connecticut Retirement Plans and Trust Funds, Nancy My Nguyen

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In All Fairness: US Airways v. McCutchen and the Use of Equitable Defenses in ERISA Reimbursement Claims, Ravi Patel

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Determining Rights to Resell: Kirtsaeng v. John Wiley & Sons, Sandra Yoo

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The Prying Nose: Florida v. Jardines and Warrantless Dog-Sniff Tests on Private Property, Ali Mirsaidi

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Clapper v. Amnesty International: Who Has Standing to Challenge Government Surveillance?, Elisa Sielski

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Evans v. Michigan: The Impact of Judicial Error on Double Jeopardy Protection, Zi-Xiang Shen

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Take the Money and Run: Detainment Incident to a Search Warrant in Bailey v. United States, Alexander Hall

Submissions from 2011

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Pleading for a Bargain: The Upcoming Debate over Competing Standards of Prejudice in Missouri v. Frye, Ian Hampton

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Forbidden Territory or Well-Defined Boundaries? M.B.Z. v. Clinton and the Overzealous Application of the Political Question Doctrine, Andrew Hand

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Crying Wolfish: The Upcoming Challenge to Blanket Strip-Search Policies in Florence v. Board of Chosen Freeholders, Aaron Johnson

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Golan v. Holder: Congressional Power under the Copyright Clause and the First Amendment, Claire Fong

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It’s My Church and I Can Retaliate If I Want To: Hosanna-Tabor and the Future of the Ministerial Exception, Brad Turner

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Bullcoming v. New Mexico: Revisiting Analyst Testimony After Melendez-Diaz, Alex Herskowitz

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The Significance Of It All: Corporate Disclosure Obligations In Matrixx Initiatives, Inc. v. Siracusano, Siobhan Innes-Gawn

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A Deal is a Deal in the West, Or is it? Montana v. Wyoming and the Yellowstone River Compact, Shiran Zohar

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A Father’s Presence: Flores-Villar v. United States and Equal Protection, Jeffrey Hochstetler

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Lacking Swiss Precision: The First-Sale Doctrine in Costco v. Omega, Justin Yedor

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The More Things Change, the More They Stay the Same: Schwarzenegger v. Entertainment Merchants Association, Beatrice M. Hahn

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Bruesewitz v. Wyeth: The “Unavoidable” Vaccine Problem, Sara Wexler

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Staub v. Proctor Hospital: Cleaning Up the Cat’s Paw, Hannah Banks

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Harrington v. Richter: AEDPA Deference and the Right to Effective Counsel, Kara Duffle

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Snyder v. Phelps: First Amendment Boundaries on Speech-Based Tort Claims, Michael Villeggiante

Submissions from 2009

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Padilla v. Kentucky: Immigration Consequences Due to the Ineffective Assistance of Counsel, Evangeline Pittman

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A Potent Federal Prosecutorial Tool: Weyhrauch v. United States, James T. Van Strander

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The Lodestar Ranger: Calculating Attorneys’ Fee Awards in Perdue v. Kenny A., Rebecca Friedman

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Jones v. Harris Associates: Shareholder Requirements for Proving a Mutual Fund Adviser’s Breach of Fiduciary Duty, Matthew Rinegar

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Death Behind Bars: Examining Juvenile Life Without Parole in Sullivan v. Florida and Graham v. Florida, Lauren Fine

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The Demise of the Voting Rights Act?: A Preview of Northwest Austin Municipal District Number One v. Holder, Christopher F. Moriarty

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The Search for Meaning in Republic of Iraq v. Beaty, Jennifer Price

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Preview of Forest Grove School District v. T.A., E. Chaney Hall

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Ricci v. Destefano: “Fanning the Flames” of Reverse Discrimination in Civil Service Selection, Lauren Klein

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Safford Unified School District No. 1 v. Redding: Balancing Students’ Rights Against the Governments Interest in Protecting the Educational Process, Chris Suedekum

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Ashcroft v. Iqbal: The Question of a Heightened Standard of Pleading in Qualified Immunity Cases, Michelle Spiegel

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United States v. Chambers: Noncustodial Escapes Do Not Always Constitute a Violent Crime for Purposes of the Armed Career Criminal Act, Jin Woo Oh

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Gross v. FBL Financial Services, Inc.: Determining the Evidentiary Requirements for Bringing a Non-Title VII Mixed-Motive Case, Matthew Brod

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Hillary: The Movie, Corporate Free Speech or Campaign Finance Corruption?, Aaron Harmon

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Caperton v. Massey: The Due Process Implications of Contributions to Judicial Campaigns, Wade Kolb III

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Snyder v. Louisiana: Demand for Judicial Scrutiny of the Use of Peremptory Challenges, Jennifer Ross

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Secondary Liability, Scheme Liability, and the Reliance Factor: The Supreme Court’s Ruling in Stoneridge Investment Partners, LLC v. Scientific-Atlanta, Inc., Meredith French

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Montejo v. Louisiana: Affirmative Requests and the Sixth Amendment Right to Counsel, Jacob E. Warren

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Abdul-Kabir v. Quarterman/Brewer v. Quarterman: A Court Divided Over What Constitutes “Clearly Established Federal Law”, Jarod R. Stewart

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Boumediene v. Bush: Another Chapter in the Court’s Jurisprudence on Civil Liberties at Guantanamo Bay, Amanda McRae

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Wyeth v. Levine: Examining the Doctrine of Implied Preemption in State-Law Tort Claims, Allison Kostecka

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Harbison v. Bell, Sarah Rutledge

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The Problems of Self-Execution: Medellin v. Texas, Taryn Marks

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Louisiana v. Kennedy, Caroline Stevenson

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Melendez-Diaz v. Massachusetts: Laboratory Testing and the Confrontation Clause, David Mansfield