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 2016

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The Choice Between Right and Easy: Pena-Rodriguez v. Colorado and the Necessity of a Racial Bias Exception to Rule 606(b), Kevin Zhao

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Further Punishing the Wrongfully Accused: Manuel v. City of Joliet, the Fourth Amendment, and Malicious Prosecution, James R. Holley

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Mississippi v. Tennessee: Resolving an Interstate Groundwater Dispute, Peter G. Berris

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Asking the Right Federal Questions: Merrill Lynch v. Manning and the Exclusive Jurisdiction Provisions of the Securities Exchange Act, Seth Taylor

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Utah v. Strieff and the Future of the Exceptions to the Exclusionary Rule, Zack Gong

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Going to Hell in a HHS Notice: The Contraceptive Mandate's Next Impermissible Burden on Religious Freedom, Trey O'Callaghan

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Ocasio v. United States: The Scope of a Conspiracy to Commit Hobbs Act Extortion, Benjamin Ludewig

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Gutting Public Sector Unions: Friedrichs v. California Teachers Association, Jake Wasserman

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Ring Around the Jury: Reviewing Florida's Capital Sentencing Framework in Hurst v. Florida, Richard Guyer

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Districtly Speaking: Evenwel v. Abbott and the Apportionment Population Debate, Joey Herman

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Revisiting ERISA Preemption in Gobeille v. Liberty Mutual, Nicole B. Gage

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Of all the Gin Joints: Harris and the Supreme Court’s Reluctant Jurisprudence on Partisanship in Redistricting, Andrew Bellis

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Foster v. Chatman: Clarifying the Batson Test for Discriminatory Peremptory Strikes, Meghan Daly

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Tyson Foods, Inc. v. Bouaphakeo: The Use of Statistical Evidence in Class Actions, Wenbo Zhang

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The Young and the Redemptionless? Juvenile Offenders Before Miller v. Alabama, Katherine Johnson

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A Power Struggle: Demand Response and the Limits of FERC’s Authority, Adrien Dumoulin-Smith and Geoffrey Wright

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Luis v. United States: Asset Forfeiture Butts Heads with the Sixth Amendment, Jordan Glassberg

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Hurdles to the Court: The Doctrine of Standing under Statutory Violations, Priya Khangura

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Arbitration Revisited: Preemption of California’s Unconscionability Doctrine after Concepcion, David Friedman

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