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Juris

Duke’s Undergraduate Law Magazine

HomeConstitutional Law

Posts tagged: Constitutional Law

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9th Circuit Court Of Appeals Upholds Ban On President Trump’s Attempt To Repeal DACA

December 2, 2018
by Isabella Caracta with No Comment US Law

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 ...

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Plyler v. Doe: Undocumented Students and Post-Secondary Education

November 13, 2018
by Isadora Toledo with No Comment US Law

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 ...

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Change and Controversy: A Review of Hate Crime Laws in America

November 7, 2018
by Thomas Huck with No Comment US Law

Pittsburgh. Kroger. Package bombs. Over the past two weeks, the United States has been recovering from three different attacks. As the perpetrators of each face charges, the question of motivation for these hate-fueled attacks is being brought up across the nation. For the courts, the question of ...

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The Supreme Court’s Ability to Enforce Rulings

November 1, 2018
by Gramal Ralph with No Comment US Law

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 ...

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Swartz v. Rodriguez: A Question of Qualified Immunity

November 1, 2018
by Phil Ma with No Comment US Law

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 ...

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The Right to Refuse Service and Its Implications on Society

October 22, 2018
by Jacob Turobiner with No Comment US Law

Summary: A business owner has the right to refuse service as long as he or she does not infringe upon federal or state discrimination laws. Background Across the nation, businesses display and enforce their right to refuse service. Whether a customer is causing a nuisance or is dressed inappr ...

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California Bail Reform Leaves Both Sides Unhappy

October 21, 2018
by Isabella Caracta with No Comment US Law

Summary: California’s new bail reform bill, Senate Bill 10, goes into effect October 2019, but activist groups pull support for SB10. It is a little-known fact that the American constitution fails to guarantee its citizens the right to bail; however, the Eighth Amendment prohibits excessive bail ...

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Indefinite Solitary Confinement Ruled Unconstitutional in British Columbia

April 5, 2018
by Hunter Snowden with No Comment International Law

Summary: The Supreme Court of BC has classified indefinite solitary confinement as a form of torture and a breach of Canadian prisoners’ rights. On January 17, 2018, the Supreme Court of British Columbia ruled Canadian prisons’ use of indefinite solitary confinement unconstitutional. The court ru ...

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France: Safe State or Police State?

November 15, 2017
by Hunter Snowden with No Comment International Law

Summary: France introduces new controversial terrorism bill but faces large resistance from European Union and human rights organizations. On November 1st, French President Emmanuel Macron signed into law a controversial anti-terrorism bill that would make permanent some of the conditions that we ...

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Catalonia: Civil War or Legal Secession?

October 25, 2017
by Hunter Snowden with No Comment International Law

Summary: Catalonia is looking at the best opportunity for secession it has ever had but the Spanish government has deemed it unconstitutional. On October 1, 2017, Catalans stared down armed national police and tear gas to take their first proper steps towards independence from Spain. Meeting larg ...

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