Duke Journal of Constitutional Law & Public Policy Sidebar | Duke Law

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Duke Journal of Constitutional Law & Public Policy Sidebar

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.

Supreme Court Commentaries Supreme Court Commentaries

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

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

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

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

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

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

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

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

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

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

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

Affirmative Action on Life Support: Fisher v. University of Texas at Austin and the End of Not-So-Strict Scrutiny, Jonathan W. Rash

Kiobel v. Royal Dutch Petroleum: Delineating the Bounds of the Alien Tort Statute, Tara McGrath

Crying Mercy: Life without Parole for Fourteen-Year-Old Offenders in Miller v. Alabama and Jackson v. Hobbs, Kathryn McEvilly

Knox v. Service Employees International Union: Balancing the First Amendment with Fairness under Union-Shop Agreements, Donata Marcantonio

Indecent Exposure: FCC v. Fox and the End of an Era, David Houska

Discovering Concealment: Defining the Limits of Equitable Tolling in Section 16(b) of the Securities Exchange Act, Boris Rappoport

The Threat of “Clair Motions”: Martel v. Clair and the Standard for Substitution of Counsel In Federal Habeas Petitions, Lee Czocher

Williams v. Illinois: Another Look at Expert Testimony and the Confrontation Clause, Libby Greismann

Warrantless GPS in United States v. Jones: Is 2011 the New 1984?, Edward Boehme

Minneci v. Pollard and the Uphill Climb to Bivens Relief, Elliot J. Weingarten

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Michigan v. Bryant: Defining the “Testimonial Statement”, Hsien-Ying Shine Chen

The Constitutional Right To Informational Privacy: NASA v. Nelson, Russell T. Gorkin

Laying Privileges or Immunities to Rest: McDonald v. City of Chicago, B. Aubrey Smith

American Needle, Inc. v. NFL: Professional Sports Leagues and “Single-Entity” Antitrust Exemption, M. Scott LeBlanc

Lewis v. City of Chicago: Title VII’s Limitations Period for Disparate Impact Charges, Kelsey Van Wart

United States v. Comstock: Justifying the Civil Commitment of Sexually Dangerous Offenders, Halerie Mahan

Briscoe v. Virginia: Reexamining the Scope of Melendez-Diaz, Caroline Mix

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Harbison v. Bell, Sarah Rutledge

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

Louisiana v. Kennedy, Caroline Stevenson

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

Arizona v. Johnson: Determining When a Terry Stop Becomes Consensual, Ryan Thompson

Pacific Bell v. linkLine: Price Squeezing and the Limits of Judicial Administrability, Sandeep Vaheesan

Fitzgerald v. Barnstable School Committee: Enforcement of Constitutional Rights, Sarah Branstetter

Davis v. FEC: The First Amendment Rights of a Wealthy Candidate, Jeremy Earl

Panetti v. Quarterman: Raising the Bar Against Executing the Incompetent, D. G. Maxted

Explaining Change and Rethinking Dirty Words: FCC v. Fox Television Stations, Inc., Tobias Coleman

Pleasant Grove City v. Summum: Identifying Government Speech & Classifying Speech Forums, Aaron Harmon

KSR v. Teleflex: How “Obviousness” Has Changed, Daniel Becker

Carey v. Musladin: A Commentary on What is not Prejudicial, Christopher Donadio

Cunningham v. California, Christopher P. Raab

Jones V. Bock: New Clarity Under the Prison Litigation Reform Act, Squire Servance

Medimmune, Inc. v. Genentech, Inc.: A Patent Licensee Does Not Need to Terminate or Breach a License Agreement in Order to Challenge its Validity or Enforceability, C. Tyler Ohanian

Philip Morris USA v. Williams: A Confusing Distinction, Sachin Bansal

Planned Parenthood Federation of America, Inc. v. Gonzales, Blake Mason

Safeco Ins. Co. of America v. Burr: Defining Notification Requirements and Willfulness under the Fair Credit Reporting Act, Travis S. Souza

Scott v. Harris, Uchenna Evans

United Haulers Ass’n v. Oneida-Herkimer Solid Waste Mgmt. Auth., Joshua J. Faber

Whorton v. Bockting and the Watershed Exception of Teague v. Lane, Tadhg Dooley

Dura Pharmaceuticals v. Broudo: The Unlikely Tort Of “Securities Fraud”: Dura Pharmaceuticals v. Broudo, Oleg Cross

Lawrence v. Florida: Applications for Post-Conviction Relief Are, Elizabeth Richardson-Royer

Burton v. Stewart: Reconsidering What Makes a Supreme Court Decision ‘New’, Michael Goodman

Burlington Northern & Santa Fe Railway Co. v. White, Christian J. Brann

Eminent Domain after Kelo v. City of New London: Compensating for the Supreme Court’s Refusal to Enforce the Fifth Amendment, Scott D. Mikkelsen

Lopez v. Gonzales & Toledo-Flores v. United States: State Felony Drug Convictions Not Necessarily Aggravated Felonies Requiring Deportation, Ryan Wagner

Exxon Mobil Corp. v. Allapattah Services Inc., Blayre Britton

Mayle v. Felix, Aleksandra Kopec

Merck KGAA v. Integra Lifesciences I, Ltd.: Greater Research Protection for Drug Manufacturers, Samuel Rubin

Smith v. City of Jackson: Age Discrimination Act Authorizes Disparate Impact Claims – But Scope is Narrow, William B. Holladay

On the Record... On the Record...

Prioritizing Professional Responsibility and the Legal Profession: A Preview of the United States Supreme Court’s 2009–2010 Term, Renee Newman Knake

Why Our Next President May Keep His or Her Senate Seat: A Conjecture on the Constitution’s Incompatibility Clause, Seth Barrett Tillman

Why the Incompatibility Clause Applies to the Office of the President, Saikrishna Bangalore Prakash

When is Enough Too Much? The Broadcast Decency Enforcement Act of 2005 and the Eighth Amendment’s Prohibition on Excessive Fines, Amy Kristin Sanders Esq.

Eliding in New York, Monte Neil Stewart