Duke Law Journal

A bimonthly law journal edited by a student board. A third of each issue consists of student notes dealing with current legal developments, and the remaining content is devoted to articles and comments by professors and practitioners. Generally one issue

Articles from Vol. 59, No. 4, January

A Postscript to "Struck by Stereotype"
Reading the account of Captain Susan Struck's case, vibrantly told by Neil S. Siegel and Reva B. Siegel, brought me back to the summer of 1972. ACLU Legal Office staff counsel Joel M. Gora and I spent many hours in June and July of that year preparing...
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International Idealism Meets Domestic-Criminal-Procedure Realism
ABSTRACT Though international criminal justice has flourished over the last two decades, scholars have neglected institutional design and procedure questions. International-criminal-procedure scholarship has developed in isolation from its domestic...
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Narrowing the Bankruptcy Safe Harbor for Derivatives to Combat Systemic Risk
ABSTRACT Bankruptcy law establishes proceedings designed to rehabilitate debtors while protecting creditors, but a series of safe harbors effectively exempts from bankruptcy proceedings certain financial contracts known as derivatives. Accordingly,...
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Of Christmas Trees and Corpus Christi: Ceremonial Deism and Change in Meaning over Time
ABSTRACT Although the Supreme Court turned away an Establishment Clause challenge to the words "under God" in the Pledge of Allegiance in Elk Grove Unified School District v. Newdow, the issues raised by that case will not go away anytime soon....
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Struck by Stereotype: Ruth Bader Ginsburg on Pregnancy Discrimination as Sex Discrimination
It was always recognition that one thing that conspicuously distinguishes women from men is that only women become pregnant; and if you subject a woman to disadvantageous treatment on the basis of her pregnant status, which was what was happening to...
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