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.

Follow

Submissions from 2017

PDF

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

PDF

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

PDF

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

PDF

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

PDF

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

PDF

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

PDF

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

PDF

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

PDF

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

PDF

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

PDF

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

PDF

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

PDF

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

PDF

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

PDF

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

PDF

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

Submissions from 2016

PDF

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

PDF

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

PDF

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

PDF

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

PDF

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

PDF

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

PDF

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

PDF

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

PDF

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

PDF

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

PDF

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

PDF

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

PDF

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

PDF

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

PDF

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

PDF

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

PDF

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

PDF

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

PDF

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

PDF

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

Submissions from 2013

PDF

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

PDF

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

PDF

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

PDF

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

PDF

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

PDF

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

PDF

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

PDF

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

PDF

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

PDF

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

PDF

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

PDF

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

PDF

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

PDF

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

PDF

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

Submissions from 2011

PDF

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

PDF

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

PDF

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

PDF

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

PDF

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

PDF

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

PDF

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

PDF

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

PDF

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

PDF

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

PDF

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

PDF

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

PDF

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

PDF

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

PDF

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