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.
Submissions from 2016
Districtly Speaking: Evenwel v. Abbott and the Apportionment Population Debate, Joey Herman
Further Punishing the Wrongfully Accused: Manuel v. City of Joliet, the Fourth Amendment, and Malicious Prosecution, James R. Holley
The Young and the Redemptionless? Juvenile Offenders Before Miller v. Alabama, Katherine Johnson
Hurdles to the Court: The Doctrine of Standing under Statutory Violations, Priya Khangura
Ocasio v. United States: The Scope of a Conspiracy to Commit Hobbs Act Extortion, Benjamin Ludewig
Going to Hell in a HHS Notice: The Contraceptive Mandate's Next Impermissible Burden on Religious Freedom, Trey O'Callaghan
Gutting Public Sector Unions: Friedrichs v. California Teachers Association, Jake Wasserman
Tyson Foods, Inc. v. Bouaphakeo: The Use of Statistical Evidence in Class Actions, Wenbo Zhang
Submissions from 2015
Up in the Air: Department of Homeland Security v. MacLean and the Whistleblower Protection Act, Mike Brett
Six Degrees of Separation: Attribution Under the Foreign Sovereign Immunities Act in OBB Personenverkehr AG v. Sachs, Daniel R. Echeverri
Zivotofsky v. Kerry: Of Passports, Politics, and Foreign Policy Powers, Cara J. Grand
Is that a threat?: Elonis v. United States and the Standard of Intent for True Threat Convictions, Peter S. Larson
Jennings v. Stephens and Judicial Efficiency in Habeas Appeals, Eric O'Brien
Hiding in Plain Sight: Jesinoski and the Consumer’s Right of Rescission, Milan Prodanovic
Violently Possessed: Johnson as the Vehicle for limiting Sentencing Enhancement under the Armed Career Criminals Act, Jonathan Robe
Keeping Civil Rights Debates Civil: Removing Opportunities for Prejudice, Steven Saracco
Ohio v. Clark: Testimonial Statements Under the Confrontation Clause, Mesha Sloss
Submissions from 2014
What's Money Got to Do With It: Robers v. United States and Collateral under the Mandatory Victims Restitution Act of 1996, Tori M. Bennette
A Bridge Too Far: The Limits of the Political Process Doctrine in Schuette v. Coalition to Defend Affirmative Action, Christopher E. D'Alessio
Reworking the Unworkable: Halliburton II and the Court's Reexamination of Fraud on the Market, Mariana Estévez
Kaley v. United States: The Right to Counsel of Choice Caught in the Wide Net of Asset Forfeiture, Adam J. Fine
Proskauer Rose LLP v. Troice: Deciphering the Proper Scope of SLUSA, Sriram Giridharan
A Tradition of Sovereignty: Examining Tribal Sovereign Immunity in Bay Mills Indian Community v. Michigan, Meredith L. Jewitt
Up in the Air: Lawson v. FMR LLC & the Scope of Sarbanes-Oxley Whistleblower Protection, Ryan McCarthy
In Connection With What?: Chadbourne & Parke LLP v. Troice and the Applicability of the Securities Litigation Uniform Standards Act, John W. Messick
Bond v. United States. Deciphering Missouri v. Holland and the Scope of Congress's Powers when Implementing a Non-Self-Executing Treaty, Stephanie Peral
Kansas V. Nebraska & Colorado: Keeping Equity Afloat in the Republican River Dispute, Charles Punia
Submissions from 2013
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
Take the Money and Run: Detainment Incident to a Search Warrant in Bailey v. United States, Alexander Hall
McBurney v. Young: Testing the Limits of Citizens-Only Freedom of Information Laws, Patrick Jamieson
The Prying Nose: Florida v. Jardines and Warrantless Dog-Sniff Tests on Private Property, Ali Mirsaidi
Materiality Immaterial? Revisiting Standards for Securities Fraud Class Certification in Amgen v. Connecticut Retirement Plans and Trust Funds, Nancy My Nguyen
At Home in the Outer Limits: DaimlerChrysler v. Bauman and the Bounds of General Personal Jurisdiction, Todd W. Noelle
In All Fairness: US Airways v. McCutchen and the Use of Equitable Defenses in ERISA Reimbursement Claims, Ravi Patel
The Voting Rights Act's Fight to Stay Rational: Shelby County v. Holder, Sudeep Paul
Evans v. Michigan: The Impact of Judicial Error on Double Jeopardy Protection, Zi-Xiang Shen
Atlantic Marine v. J-Crew: The Future of Forum-Selection Clauses in Federal Courts, Sarah Sheridan
Clapper v. Amnesty International: Who Has Standing to Challenge Government Surveillance?, Elisa Sielski
Medtronic v. Boston Scientific: Allocating the Burden of Proof in Declaratory Judgment Actions for Patent Non-Infringement, Brianna Strange
Maryland v. King: The Fourth Amendment Spirals Down the Double Helix, Sitara V. Witanachchi
Determining Rights to Resell: Kirtsaeng v. John Wiley & Sons, Sandra Yoo
Submissions from 2012
Warrantless GPS in United States v. Jones: Is 2011 the New 1984?, Edward Boehme
Williams v. Illinois: Another Look at Expert Testimony and the Confrontation Clause, Libby Greismann
Indecent Exposure: FCC v. Fox and the End of an Era, David Houska
Knox v. Service Employees International Union: Balancing the First Amendment with Fairness under Union-Shop Agreements, Donata Marcantonio
Crying Mercy: Life without Parole for Fourteen-Year-Old Offenders in Miller v. Alabama and Jackson v. Hobbs, Kathryn McEvilly
Kiobel v. Royal Dutch Petroleum: Delineating the Bounds of the Alien Tort Statute, Tara McGrath
Discovering Concealment: Defining the Limits of Equitable Tolling in Section 16(b) of the Securities Exchange Act, Boris Rappoport
Affirmative Action on Life Support: Fisher v. University of Texas at Austin and the End of Not-So-Strict Scrutiny, Jonathan W. Rash
Minneci v. Pollard and the Uphill Climb to Bivens Relief, Elliot J. Weingarten
Submissions from 2011
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
Golan v. Holder: Congressional Power under the Copyright Clause and the First Amendment, Claire Fong
The More Things Change, the More They Stay the Same: Schwarzenegger v. Entertainment Merchants Association, Beatrice M. Hahn
Pleading for a Bargain: The Upcoming Debate over Competing Standards of Prejudice in Missouri v. Frye, Ian Hampton
Bullcoming v. New Mexico: Revisiting Analyst Testimony After Melendez-Diaz, Alex Herskowitz
A Father’s Presence: Flores-Villar v. United States and Equal Protection, Jeffrey Hochstetler
The Significance Of It All: Corporate Disclosure Obligations In Matrixx Initiatives, Inc. v. Siracusano, Siobhan Innes-Gawn
Crying Wolfish: The Upcoming Challenge to Blanket Strip-Search Policies in Florence v. Board of Chosen Freeholders, Aaron Johnson
It’s My Church and I Can Retaliate If I Want To: Hosanna-Tabor and the Future of the Ministerial Exception, Brad Turner
Snyder v. Phelps: First Amendment Boundaries on Speech-Based Tort Claims, Michael Villeggiante
Bruesewitz v. Wyeth: The “Unavoidable” Vaccine Problem, Sara Wexler
Lacking Swiss Precision: The First-Sale Doctrine in Costco v. Omega, Justin Yedor
A Deal is a Deal in the West, Or is it? Montana v. Wyoming and the Yellowstone River Compact, Shiran Zohar
Submissions from 2010
Michigan v. Bryant: Defining the “Testimonial Statement”, Hsien-Ying Shine Chen
The Constitutional Right To Informational Privacy: NASA v. Nelson, Russell T. Gorkin
American Needle, Inc. v. NFL: Professional Sports Leagues and “Single-Entity” Antitrust Exemption, M. Scott LeBlanc
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
Laying Privileges or Immunities to Rest: McDonald v. City of Chicago, B. Aubrey Smith
Lewis v. City of Chicago: Title VII’s Limitations Period for Disparate Impact Charges, Kelsey Van Wart
Submissions from 2009
Gross v. FBL Financial Services, Inc.: Determining the Evidentiary Requirements for Bringing a Non-Title VII Mixed-Motive Case, Matthew Brod
Death Behind Bars: Examining Juvenile Life Without Parole in Sullivan v. Florida and Graham v. Florida, Lauren Fine
The Lodestar Ranger: Calculating Attorneys’ Fee Awards in Perdue v. Kenny A., Rebecca Friedman
Preview of Forest Grove School District v. T.A., E. Chaney Hall
Hillary: The Movie, Corporate Free Speech or Campaign Finance Corruption?, Aaron Harmon
Ricci v. Destefano: “Fanning the Flames” of Reverse Discrimination in Civil Service Selection, Lauren Klein
Prioritizing Professional Responsibility and the Legal Profession: A Preview of the United States Supreme Court’s 2009–2010 Term, Renee Newman Knake
Caperton v. Massey: The Due Process Implications of Contributions to Judicial Campaigns, Wade Kolb III
Wyeth v. Levine: Examining the Doctrine of Implied Preemption in State-Law Tort Claims, Allison Kostecka
Melendez-Diaz v. Massachusetts: Laboratory Testing and the Confrontation Clause, David Mansfield
The Problems of Self-Execution: Medellin v. Texas, Taryn Marks
Boumediene v. Bush: Another Chapter in the Court’s Jurisprudence on Civil Liberties at Guantanamo Bay, Amanda McRae
The Demise of the Voting Rights Act?: A Preview of Northwest Austin Municipal District Number One v. Holder, Christopher F. Moriarty
Padilla v. Kentucky: Immigration Consequences Due to the Ineffective Assistance of Counsel, Evangeline Pittman
The Search for Meaning in Republic of Iraq v. Beaty, Jennifer Price
Jones v. Harris Associates: Shareholder Requirements for Proving a Mutual Fund Adviser’s Breach of Fiduciary Duty, Matthew Rinegar
Snyder v. Louisiana: Demand for Judicial Scrutiny of the Use of Peremptory Challenges, Jennifer Ross
Harbison v. Bell, Sarah Rutledge
Ashcroft v. Iqbal: The Question of a Heightened Standard of Pleading in Qualified Immunity Cases, Michelle Spiegel
Louisiana v. Kennedy, Caroline Stevenson
Abdul-Kabir v. Quarterman/Brewer v. Quarterman: A Court Divided Over What Constitutes “Clearly Established Federal Law”, Jarod R. Stewart