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. 56, No. 1, October

Criminal Justice Collapse: The Constitution after Hurricane Katrina
ABSTRACT The New Orleans criminal justice system collapsed after Hurricane Katrina, resulting in a constitutional crisis. Eight thousand people, mostly indigent and charged with misdemeanors such as public drunkenness or failure to pay traffic tickets,...
Did NEPA Drown New Orleans? the Levees, the Blame Game, and the Hazards of Hindsight
ABSTRACT This Article highlights the hazards of hindsight analysis of the causes of catastrophic events, focusing on theories of why the New Orleans levees failed during Hurricane Katrina in 2005 and particularly on the theory that the levee failures...
Horizontal Political Externalities: The Supply and Demand of Disaster Management
ABSTRACT This Article discusses the dynamics of shared political accountability and provides a supply- and demand-side analysis of disaster management. Because multiple levels of government share political accountability in national scale disasters,...
Johnson V. California: A Grayer Shade of Brown
INTRODUCTION For decades, the famous school desegregation case of Brown v. Board of Education (1) and its progeny have supported the notion "that a State may not constitutionally require [racial] segregation of public facilities." (2) Indeed, with...
Policy Analysis for Natural Hazards: Some Cautionary Lessons from Environmental Policy Analysis
ABSTRACT How should agencies and legislatures evaluate possible policies to mitigate the impacts of earthquakes, floods, hurricanes and other natural hazards? In particular, should governmental bodies adopt the sorts of policy-analytic and risk...
Post-Disaster Tax Legislation: A Series of Unfortunate Events
ABSTRACT When a disaster strikes the United States, Congress typically feels heavy pressure to enact legislation, including tax legislation, to provide relief. This Article discusses features of two tax legislative initiatives, which responded to...
State Executive Lawmaking in Crisis
ABSTRACT Courts and scholars have largely overlooked the constitutional source and scope of a state executive's powers to avert and respond to crises. This Article addresses how actual and perceived legal barriers to executive authority under state...
The Problems of the Utility Analysis in Fisher and Its Associated Policy Implications and Flaws
INTRODUCTION Expressed sequence tags (ESTs) are short DNA sequences containing the information to code usually a portion of a protein, and many debate whether they should be patented. (1) In In re Fisher, (2) the Court of Appeals for the Federal...
The Virtue of Vagueness: A Defense of South Dakota V. Dole
INTRODUCTION With the death of Chief Justice William Rehnquist on September 3, 2005, (1) the inevitable scholarly speculation upon the primary legacy of the Rehnquist Court began in earnest. Undoubtedly, scholars will reflect upon the federalist...