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 2021

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United States v. Arthrex Inc.: Clarifying Appointments Clause Requirements for Administrative Judges, Albert Barkan

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Trouble With Names: Commercial Speech and a New Approach to Food Product Label Regulation, William Cusack

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A Modest Proposal: Leveraging Private Enforcement Mechanisms and the Bayh-Dole Act to Reduce Drug Prices in the U.S. Healthcare Industry, Brittany Day

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Ford Motor Company V. Montana Eighth Judicial District Court: Redefining the Nexus Requirement for Specific Jurisdiction, Brittany Day

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Not A King: President Trump and the Case for Presidential Subpoena Reform, Robert J. DeNault

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TikTok Might Stop: Why the IEEPA Cannot Regulate Personal Data Privacy and the Need for a Comprehensive Solution, Alicia Faison

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Who Protects Whom: Federal Law as a Floor, not a Ceiling, to Protect Students from Inappropriate Use of Force by School Resource Officers, Elsa Haag

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Missing the Mark: NYSRPA as a Vehicle to Clarify Inconsistencies in Mootness Doctrine, Leila Hatem

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Handle with Care: Constitutional Standards for Information Sharing in Medical-Correctional Transition, Andrew R. Hayes

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Brnovich v. Democratic National Committee: Examining Section 2 of the Voting Rights Act, Arturo Nava

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Exhausted and Confused: How Fry Complicated Obtaining Relief for Disabled Students, Chris Ricigliano

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Interstate Burdens and Antitrust Federalism: A Reexamination of Parker Immunity, John Sack

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California v. Texas: The Denouement of the Affordable Care Act's Legal Challenges?, Rachel Sereix

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Mind the Gap: A Comparative Approach for Fixing Volcker, Learning from Liikanen, and Using Vickers To Repair The U.S. Banking System, Rachel Sereix

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FERPA and State Open Records Laws: What the North Carolina Supreme Court Got Wrong in DTH Media Corp. v. Folt, and How Courts & Congress Can Take Measures to Reconcile Privacy and Access Interests, Danielle Siegel

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Fourth Amendment Limits on Extensive Quarantine Surveillance, Benjamin Wolters

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Paving the Way for Mind-Reading: Reinterpreting "Coercion" in Article 17 of the Third Geneva Convention, John Zarrilli

Submissions from 2017

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An Alcohol Mindset in a Drug-Crazed World: A Review of Birchfield v. North Dakota, Devon Beeny

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McCrory v. Harris: Constitutional Prohibitions on Racial Classifications and the Requirements of the Voting Rights Act in Redistricting, Alex Dietz

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Without More, There Is No More: Standing and Racial Gerrymandering in Wittman v. Personhuballah, Jessica Edmundson

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What is the Relevant Parcel? Clarifying the "Parcel as a Whole" Standard in Murr v. Wisconsin, Gavin S. Frisch

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Sessions v. Dimaya: Vagueness Doctrine & Deportation Statutes, Matthew Gibbons

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Flight Risk or Danger to the Community? Rodriguez and the Protection of Civil Liberties in the U.S. Immigration System, Charlie Kazemzadeh

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Ditching Your Duty: When Must Private Entities Comply with Federal Antidiscrimination Law?, Tara Knapp

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Violating Equal Protection: Lynch v. Morales-Santana and the Ina’s Sex Discriminatory Physical Presence Requirement, Courtney Magnus

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McDonnell v. United States: Defining “Official Action” in Public Corruption Law, Christopher Murphy

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Commodity Supply and Extraterritorial Patent Infringement in Life Technologies V. Promega, G. Edward Powell

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Drawing Lines: Racial Gerrymandering in Bethune-Hill v. Virginia Board of Elections, Scott Reed

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Birchfield v. North Dakota: Warrantless Breath Tests and the Fourth Amendment, Sara Jane Schlafstein

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May the Best Canon Win: Lockhart v. United States and the Battle of Statutory Interpretation, Hassan Shaikh

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National Labor Relations Board v. Murphy Oil USA, Inc.: A Test of Might, Elizabeth Storey

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Moore v. Texas: Balancing Medical Advancements With Judicial Stability, Emily Taft

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A House Built on Shifting Sands: Standing Under the Fair Housing Act After Thompson v. North American Stainless, Eric Vanderhoef

Submissions from 2016

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Friends with Benefits: Redefining Personal Gain in Insider Trading Under Salman v. United States, Wendy R. Becker

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

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

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

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

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

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

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

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

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