Duke’s Undergraduate Law Magazine
Despite the Biden administration’s approval of eighteen transfers, thirty-nine detainees remained at the military prison in the U.S. Naval Station in Guantánamo Bay, Cuba as of January, 2021. Zayn al-Abidin Muhammad Husayn is one of those thirty-nine. Held without charge by the United States for ...
Summary: Although the 2013 case People v. Tohom explicitly determined that courthouse dogs are constitutional, the debate over whether or not the court was justified in prioritizing witness’ rights continues. From their beginnings with New York City attorneys in the 1980s, courthouse dogs have b ...
Summary: In 2017, the Acting Secretary of Homeland Security, Elaine Duke, issued a memorandum rescinding the memo that established DACA and setting forth a plan to phase it out. Recent rulings, however, have upheld the DACA program, creating legal barriers to the Trump Administration’s attempt to en ...
Summary: In light of recent Supreme Court decisions on partisan gerrymandering, the example set forth by the Pennsylvania Supreme Court provides a promising way to challenge gerrymandered redistricting plans. As millions of Americans head to the polls, one of the most important choices on the bal ...
Summary: In the twenty-first century, amidst significant changes to the American and global economy, our century-old antitrust laws may be lacking the key protections needed to regulate the giants of today’s economy, despite their past successes in breaking up monopolies. In response to the incre ...
Summary: While every state has laws regarding mandatory evacuation policy, it is usually up to the citizen whether or not to follow an order. Introduction Every year, natural disasters force millions of people across the United States to flee dangerous conditions. So far in 2018, many evacuati ...
Summary: Plyler v. Doe lay the groundwork for states to recognize the value of awarding education to every group, regardless of citizenship status. Yet the evolution of education means that over thirty years later, its shortcomings are impossible to ignore. Perhaps even from its conception, Amer ...
Summary: The appointment of Chief of Staff to the Attorney General Matthew Whitaker as acting Attorney General after resignation of Jeff Sessions has raised questions about the constitutionality of the appointment. Although these questions stem from concern about Whitaker’s position on the Mueller p ...
Summary: The Supreme Court's move to the right has raised questions of the Court's ability to enforce its rulings. To many Americans, the confirmation of Justice Brett Kavanaugh marked the Supreme Court’s move to the ideological right. The country is wondering how this will affect rulings on lan ...
Summary: U.S. government officials sometimes must make discretionary decisions in split-seconds with only limited information. To protect these officials from personal, civil lawsuits, the idea of qualified immunity was born. However, questions are raised when a discretionary decision kills someone ...