Duke Law Journal

INTRODUCTION Supreme Court decisionmaking treats the line separating law from fact as consequential, often outcome-determinative. Court decisions do not even hint at the possibility that the Court's choice of whether it should create fact-dependent...

[The] capability at any time could be turned around on the American people and no American would have any privacy left, such [is] the capability to monitor everything: telephone conversations, telegrams, it doesn't matter. There would be no place to...

INTRODUCTION The United States Congress frequently deliberates upon and decides questions of constitutional interpretation, and many of those decisions are immune from subsequent judicial review, de jure or de facto. To mention only the currently...

INTRODUCTION Not all statutes are created equal. Appropriations laws perform important public functions, but they are usually short-sighted and have little effect on the law beyond the years for which they apportion public monies.(1) Most substantive...