2011-2012 Archive
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Silliman confirmed as judge on U.S. Court of Military Commission Review
Prof. Scott Silliman receives Senate confirmation to appellate court for military commission cases. -
Siegel draws parallels between Supreme Court cases on immigration, healthcare
"Both problems transcend states' borders and are too big for the states to solve on their own," says Prof. Neil Siegel » Reuters -
Dellinger reviews SCOTUS decisions
Prof. Walter Dellinger, participating in a roundtable review of Supreme Court decisions, says "the feds won" in AZ immigration case. » Slate -
Hu analyzes AZ immigration ruling
Visiting Assistant Prof. Margaret Hu says that, even after the Supreme Court rejected several portions, the state law will still "likely lead to widespread discrimination." » ACS Blog -
Prof. Neil Siegel analyzes ACA ruling in live chat
National Constitution Center's Peter Jennings Project hosted a live discussion Thursday on the Supreme Court's ruling. » Login to watch -
'Welcome to the Roberts Court'
Chief Justice reflected Prof. Neil Siegel's tax theory arguments in healthcare decision, writes Jeffrey Rosen. » The New Republic -
How to read the healthcare decision
Prof. Jedediah Purdy praises the Supreme Court's Affordable Care Act ruling -- faintly. » Huffington Post -
Siegel discusses Supreme Court's healthcare decision
Prof. Neil Siegel offers analysis to the National Constitution Center's Peter Jennings Project. » Watch -
Works like a tax, is a tax
"It doesn't matter what label Congress affixes to an exaction," writes Prof. Neil Siegel. » NPR -
Vidmar talks about Racial Justice Act
Prof. Neil Vidmar discusses attempts to repeal North Carolina's Racial Justice Act. » The Takeaway -
Siegel looks ahead to Supreme Court's decision on health care law
If the Supreme Court invalidates the ACA, it "would amount to the most consequential — and least justified — invalidation of a federal law on federalism grounds since the Great Depression," says Prof. Neil Siegel. » Philadelphia Inquirer -
Siegel talks collective-action federalism
Prof. Neil Siegel discusses the theory he pioneered with UC Berkeley law professor Robert Cooter, in an issue of NLJ focusing on law school innovators. » National Law Journal -
Blocher: Why did sovereign territory sales dry up?
Prof. Joseph Blocher, who will be a regular contributor to the Concurring Opinions blog over the summer, explores the market for sovereign territory. » Concurring Opinions -
Leitch ’12 wins Burton Legal Writing Award
Bryan Leitch is honored for “Where Law Meets Politics: Freedom of Contract, Federalism, and the Fight Over Health Care.” -
Bartlett analyzes legal impact of N.C. Amendment One
Prof. Katharine Bartlett calls the proposed amendment "too broad and too vague." » ABC 11 -
Hu '00 analyzes Arizona immigration law
Visiting Assistant Prof. Margaret Hu talks about the ramifications of the pending Supreme Court decision on Arizona's strict immigration policy. » Capital Tonight -
Hu proposes new framework for understanding Arizona immigration law
Visiting Assistant Prof. Margaret Hu calls Arizona's immigration law "reverse-commandeering." » Truthout -
Bartlett, Bradley, and McAllaster discuss impact of N.C. Amendment One
Professors Katharine Bartlett, Kathryn Webb Bradley, and Carolyn McAllaster say proposed constitutional amendment is overly broad and vague. » Watch video -
Conference: Presidential and Judicial Oversight of Administrative Agencies
Center for Judicial Studies’ inaugural conference brought academics together with the jurists and administrators they study. -
Lives in the Law: Justice John Paul Stevens
The retired justice shared stories and insights from his 40-year career on the bench during a May 12 conversation. -
Duke University opens facility in Washington, D.C.
The facility will be the new home for Duke Law's Duke in D.C. integrated externship program. (April 26, 2012) » Duke Today -
Legal Theory Blog recommends new Siegel paper
Prof. Neil Siegel's new paper, "Jack Balkin's Rich Historicism and Diet Originalism: Health Benefits and Risks for the Constitutional System," is recommended by legal blog. (April 19, 2012) » Legal Theory Blog -
Siegel to discuss "living originalism" at Yale Conference on April 27-28, 2012
Prof. Neil Siegel will join an "all-star cast of participants" to discuss and debate constitutional interpretation on April 27 and 28. (April 10, 2012) » Balkinization -
Carrington proposes modified term limits for Supreme Court justices
Prof. Paul Carrington suggests imposing "a reasonable limit on the length of time that a mere mortal should hold so much political power." (April 9, 2012) » New York Times -
Faculty examine legal questions surrounding Trayvon Martin case
An April 5, 2012, panel of professors discuss the legal issues involved in the shooting death of an unarmed African American teen. (April 6, 2012) » Duke Today -
Siegel says health care arguments paint picture of a political Supreme Court
While fed'l appellate courts have shown ways of talking about constitutional views that are distinct from politics, Prof. Neil Siegel said he he "didn't see as much of that in the [health care] arguments as I would have liked." (April 2, 2012) » National Law Journal -
LENS Conference to focus on law and national security "After Afghanistan"
The April 13-14, 2012, LENS conference will feature speakers such as a former CIA director and the general counsel for the Department of Veterans Affairs. (press release statement, April 4, 2012) -
Wilkinson discusses the advantages of a varied career and the perils facing judicial culture
Judge J. Harvie Wilkinson III discusses his career and legal philosophy during a "Lives in the Law" conversation with Dean David F. Levi on March 13. (March 13, 2012) -
Duke Law hosts 2012 N.C. state finals of "We the People"
Competition introduces students to key principles of Constitution and citizenship on March 9. (March 13, 2012) -
Siegel's Commerce Clause arguments on health care reform cited
Prof. Neil Siegel's argument that framers gave Congress power to regulate economic free riders called persuasive. (March 30, 2012) » The New Republic -
View webcast of "Who Makes Your iPhone? China Migration, Labor, and Human Rights"
Prof. Paul Haagen, Visiting Prof. Donald Clarke, and Noah Pickus, director of Duke's Kenan Institute for Ethics, will be among panelists discussing complex issues surrounding China's economic revolution. (April 4, 2012) » View webcast. -
Dellinger debunks health care reform myths
Prof. Walter Dellinger participates in an online Q&A about the legal challenges to the Affordable Care Act that will come before the Supreme Court on March 26, 2012. (March 26, 2012) » Washington Post -
Siegel comments on legal movement against the Affordable Care Act
Prof. Neil Siegel says "most people think the government is likely to win more than five votes, but the arguments that seemed off the wall now seem on the wall." (March 25, 2012) » Politico -
A Moot Court: Health Care on Trial
One week before the U.S. Supreme Court takes up the issue, Prof. Neil Siegel sat with a distinguished panel of judges to hear a moot court case focusing on the constitutionality of the Affordable Care Act. (March 20, 2012) » View webcast. -
Kaufman examines "too big to fail" and the Volcker Rule
Former U.S. Senator and Visiting Prof. Ted Kaufman cites a paper by Prof. Kimberly Krawiec in analyzing the pressures on lawmakers crafting financial regulation. (March 5, 2012) » Huffington Post -
Siegel examines controversial healthcare provision
Prof. Neil Siegel blogs about whether the ACA's minimum coverage penalty is technically a tax. (March 19, 2012) » Balkinization -
Siegel testifies before House Health Subcommittee March 29, 2012
Prof. Neil Siegel testifies before the House Ways and Means Committee subcommittee on minimum coverage provisions in health care reform law. (March 29, 2012) Read Siegel's testimony here. -
View webcast of "The Grant in Fisher v. Texas: What Does It Portend?"
Professors Neil Siegel, Guy Charles, Trina Jones, and Darrell Miller discuss Fisher v. University of Texas, the affirmative action admissions case in which the U.S. Supreme Court recently granted certiorari. (April 3, 2012) » View webcast. -
Webcast: China Environmental Policy and Climate Change in the 21st Century
Professor Paul Haagen moderates a panel discussion with Berkeley Professor Alex Wang and Duke Law Professors Donald Clarke, Jonathan Ocko, and Jonathan Wiener. (March 29, 2012) » View webcast. -
Siegel to judge health care moot on March 20, 2012
Prof. Neil Siegel is among the legal luminaries who will participate in Peter Jennings Project moot of Affordable Care Act in Philadelphia. (March 16, 2012) -
Sachs weighs in on individual mandate debate
Prof. Stephen Sachs writes about The Uneasy Case for the Affordable Care Act. (February 29, 2012) » The Volokh Conspiracy -
Helfer to participate in human rights conference with Supreme Court justices
Prof. Laurence Helfer is among the panelists at a high-level conference on the role of European and U.S. judicial systems in protecting individual rights. (February 29, 2012) -
Lives in the Law: Judge J. Harvie Wilkinson III
Wilkinson to discuss his experiences as judge, scholar during lunch hour event March 13. (press statement, released March 11, 2012) -
Siegel paper on tax power gets high recommendation
Prof. Neil Siegel and co-author offer distinction between taxes and penalties relevant to pending health care case. (February 2, 2012) » Legal Theory Blog -
Charles to brief U.S. Commission on Civil Rights on Feb. 3
Prof. Guy Charles will discuss enforcement of the Voting Rights Act with the bipartisan agency. (January 30, 2012) » NEWS.GNOM.ES -
H. Jefferson Powell to return to Duke Law faculty
Powell leaves post as Deputy Assistant Attorney General in the Office of Legal Counsel. (February 1, 2012) -
Purdy: A productive debate about the economy requires focus on details
Prof. Jedediah Purdy says talking about "the market" is meaningless without specifics. (January 22, 2012) » Huffington Post -
Supreme Court rules on Death Row case in which DeMott filed amica brief
The Court ruled for an Alabama inmate based, in part, on agency principles, which were the subject of an amica brief filed by Prof. Deborah DeMott. See video. (January 18, 2012) » Bloomberg -
Richman comments on Supreme Court's "ministerial exception" ruling
Prof. Barak Richman co-authored an amicus brief in the employment-discrimination case that was the subject of the Court's Jan. 11 ruling. (January 11, 2012) » Chronicle of Higher Education -
Boyle comments on possible ramifications of SOPA legislation
Efforts to curb online piracy could lead to "the Tower of Babel introduced into IP addresses,” says Prof. James Boyle. (January 17, 2012) » The American Prospect -
Lawmaker proposes bill to ensure court rules on health care
A Republican congressman has proposed a bill to avert delays in the Supreme Court's ruling on constitutional challenges to health care reform, a solution proposed by Prof. Neil Siegel and coauthor in a forthcoming article. (December 13, 2011) » Huffington Post -
Benjamin: Blogging may affect journalist shield laws
"Both the costs and benefits of the protections for false statements seem to have increased in the blogging era," says Prof. Stuart Benjamin. (December 11, 2012) » New York Times -
Justice Stevens to speak at 2012 Hooding Ceremony
Retired Supreme Court Justice John Paul Stevens to address the Duke Law Class of 2012. (press statement, released December 9, 2011) -
Siegel: There is one health care law everyone can agree on
Prof. Neil Siegel and coauthor urge law to ensure Supreme Court rules on health care reform in current term. (December 5, 2011) » Justia -
Purdy says Roberts Court governed by market logic
Prof. Jedediah Purdy says the Supreme Court is following a path similar to one it traveled in the Gilded Age by "giving constitutional protection to unequal economic power in the name of personal liberty." (December 6, 2011) » Democracy Journal -
Two speeches, two lefts: Purdy compares speeches by Obama and Roosevelt
Prof. Jedediah Purdy compares Pres. Barack Obama's Kansas speech to a speech given by Teddy Roosevelt, finding similarities and some troubling differences. (December 7, 2011) » Huffington Post -
Siegel comments on Kennedy's role in health care decision
Supreme Court Justice Anthony Kennedy, who may be the swing vote when the Supreme Court addresses health care reform, balances conflicting concerns for state and individual rights, says Prof. Neil Siegel. (November 29, 2011) » ABC News -
Benjamin comments on legality of Gingrich's Bolton promise
Prof. Stuart Benjamin says that, contrary to some commentary, Newt Gingrich did not break the law by naming a potential Cabinet nominee. (December 7, 2011) » The Volokh Conspiracy -
Coleman challenges prosecutors’ calls to repeal Racial Justice Act
D.A.s face “mountain of evidence” they routinely exclude qualified black jurors from capital juries, writes Prof. James Coleman. (November 18, 2011) » News and Observer -
Duke Law grads face off in Nov. 8 Supreme Court case
Deputy Solicitor General Michael Dreeben '81, will represent the government in U.S. v Jones, arguing against Stephen Leckar '73 in a case involving the legality of warrantless GPS tracking. (November 5, 2011) » SCOTUSblog -
Schroeder discusses confirmation process for federal judges
Prof. Christopher Schroeder, head of the DOJ’s Office of Legal Policy, says politics are slowing process to fill growing vacancies on district and appellate benches. (October 6, 2011) -
Silliman nominated to the U.S. Court of Military Commission Review
President Barack Obama’s nomination of Prof. Scott Silliman now goes to the Senate for confirmation. (November 10, 2011) -
Hu comments on Supreme Court GPS case, growth of cybersurveillance
Visiting Assistant Prof. Margaret Hu says "continuous 24/7 government monitoring of everyone and everything we do may become routine—the new normal." (November 10, 2011) » ACS Blog -
Dudziak speaks on African Americans, militarization, and war, Nov. 28
Prof. Mary Dudziak will focus on work of John Hope Franklin when she delivers annual Robert R. Wilson lecture. (press statement, released November 21, 2011) -
Holloway reflects on the Clarence Thomas confirmation hearings
Prof. Karla Holloway looks back at the controversial confirmation hearings in the US Senate, examining their impact on race and gender identity politics in America. (October 25, 2011) » The State of Things -
Coleman comments on poll showing ebbing support for death penalty
Increased public awareness of the process and mistakes involved in some death penalty cases may account for changing attitudes, says Prof. James Coleman. (October 18, 2011) » Winston-Salem Journal -
Blocher cited in DC Circuit Second Amendment ruling
A divided opinion (October 4, 2011) handed down in a major Second Amendment case repeatedly cites a journal article written by Prof. Joseph Blocher. » Heller v. District of Columbia -
Charles: History will judge the peril or promise of transracial universalism
Prof. Guy Charles writes that while the U.S. may be moving past race-conscious policies, “the ultimate question will be whether both law and politics can enlist all American citizens in the fight to reduce racial inequality.” (September 22, 2011) » New York Times -
Siegel addresses healthcare act's minimum coverage provision in new paper
Prof. Neil Siegel summarizes his new paper, Four Constitutional Limits that the Minimum Coverage Provision Respects. (September 21, 2011) » Balkinization -
Siegel paper recommended by legal blog
Prof. Neil Siegel's new paper, Four Constitutional Limits that the Minimum Coverage Provision Respects, earns "highly recommended" status at Legal Theory Blog. (September 21, 2011) » Legal Theory Blog -
Siegel comments on healthcare act court rulings
Prof. Neil Siegel said some courts have ignored the material consequences of the exaction for noncompliance with the minimum coverage provision. (September 19, 2011) » Tax Notes -
Conference examines constitutionality of health care law, Sept. 16
Program in Public Law gathers leading legal scholars to discuss Affordable Care Act challenges. (press statement, released September 1, 2011) -
Yarger ’08 secures clerkship with Justice Clarence Thomas
Katherine Crawford Yarger will be the fifth recent graduate to clerk at the Supreme Court over three terms. (October 6, 2011) -
Ten years after 9-11, Duke examines the legal landscape
Duke Law faculty will take part in programs that commemorate the anniversary of the terror attacks. (press statement, released September 2, 2011) -
Scholars examine the work of Stanley Hauerwas
At a Sept. 9 conference honoring the noted Duke theologian and public intellectual, legal and religious scholars looked at his research and writing in relation to the law. (September 9, 2011) -
Balkin weighs in on Siegel/Lash online debate
Jack Balkin comments on the week-long debate between Prof. Neil Siegel and Prof. Kurt Lash on the constitutional theory of enumerated powers. (August 12, 2011) » Balkinization -
Dudziak reflects on what 9-11 really changed
Visiting Prof. Mary Dudziak warns against "a murkiness about causality." (September 5, 2011) » Balkinization -
Siegel argues for constitutionality of ACA's "individual mandate"
Prof. Neil Siegel argues that the individual mandate is within the scope of the commerce power because it addresses an economic problem of collective action among the states. (August 16, 2011) » SCOTUSblog -
Siegel participates in online debate on the Constitution and federal power
Prof. Neil Siegel and Prof. Kurt Lash from the University of Illinois College of Law took part in a week-long online exchange about collective action federalism. (August 8-11, 2011) » The Volokh Conspiracy -
Theological Argument in Law: Engaging with Stanley Hauerwas
Conference honors work of noted Duke theologian and public intellectual on Sept. 9, 2011. (press statement, released August 26, 2011) -
DeMott's amica brief is a Supreme Court rarity
Prof. Deborah DeMott, working with Prof. Walter Dellinger, filed the seventh amica brief in Supreme Court history, asserting that the law of agency has important implications in a capital case. (July 27, 2011) » National Law Journal -
Griffin testifies on planned public corruption legislation July 26
Prof. Lisa Griffin testified before the House Judiciary Committee’s Subcommittee on Crime, Terrorism and Homeland Security. (July 26, 2011)




