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. 57, No. 5, March

From New London to Norwood: A Year in the Life of Eminent Domain
ABSTRACT A little more than a year after the U.S. Supreme Court's decision in Kelo v. City of New London upheld the use of eminent domain for economic development, the Ohio Supreme Court became the first state supreme court to address a factual...
Hindsight Is 20/20: Revisiting the Reapportionment Cases to Gain Perspective on Partisan Gerrymanders
ABSTRACT In the first decade of the twentieth century, political party operatives have manipulated the boundaries of congressional districting maps to an unprecedented extent in the interest of gaining partisan advantage. The judiciary, led by a...
How Reasonable Is "Reasonable"? the Search for a Satisfactory Approach to Employment Handbooks
ABSTRACT Although courts, in considering the enforceability of employment handbooks, have relied on a single source of principles, contract law, their inconsistent approaches have produced inequitable and irreconcilable results. This Note argues...
Paradigms of Restraint
ABSTRACT Incapacitation of dangerous individuals has conventionally entailed the exercise of physical control over an actual body: the state confines the person in jail. But advances in technology have changed that convention. A variety of new technologies--such...
Repairing Family Law
ABSTRACT Scholars in the burgeoning field of law and emotion have paid surprisingly little attention to family law. This gap is unfortunate because law and emotion has the potential to bring great insights to family law. This Article begins to fill...
The Siren Song of Interrogational Torture: Evaluating the U.S. Implementation of the U.N. Convention against Torture
ABSTRACT Though the United States officially condemns all forms of torture, it has not adequately implemented the United Nations Convention Against Torture. This Note focuses on instances in which the United States has transferred suspected terrorists...