Rule of Law

Communication Breakdown: How Courts Do — and Don’t — Respond to Statutory Overrides

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Vol. 104 No. 1 (2020) | A Clearer View

Courts and Congress are, at times, engaged in a kind of ongoing “conversation” about statutory law. Congress has exclusive power to enact statutes — but when statutory language is unclear, […]

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Justice Dikgang Moseneke

A Freedom Fighter and Judicial Luminary: 2020 Bolch Prize Honors Dikgang Moseneke of the South Africa Constitutional Court

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Vol. 104 No. 1 (2020) | A Clearer View

Dikgang Moseneke, an internationally revered jurist who helped build and lead a democratic South Africa as it emerged from apartheid, has been named the recipient of the 2020 Bolch Prize […]

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David F. Levi

From The Publisher

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Vol. 102 No. 1 (2018) | Forensic Fail

What an honor it is for me to greet you as the inaugural director of the Bolch Judicial Institute of Duke Law School. As you will read in this journal, […]

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Boxed In: Does the Prospect of Re-Selection Influence Judicial Decision Making?

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Vol. 103 No. 3 (2019) | Fees, Fines, and Bail

When Justice Ann A. Scott Timmer was given the opportunity to write on a topic of her choosing as part of Duke Law’s Master of Judicial Studies program, she gravitated […]

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David F. Levi

From The Publisher

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Vol. 102 No. 2 (2018) | Rights That Made The World Right

We received news of Associate Justice Anthony M. Kennedy’s retirement as we prepared this edition of Judicature for printing. We look forward to paying tribute to him in a later […]

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Justice Kennedy speaking at 2019 Bolch Prize ceremony

Advancing the Rule of Law

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Vol. 103 No. 2 (2019) | Pay NCAA athletes?

Excerpts from the 2019 Bolch Prize for the Rule of Law ceremony On April 11, 2019, the Bolch Judicial Institute presented its inaugural Bolch Prize for the Rule of Law […]

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51 Imperfect Solutions illustration

51 Imperfect Solutions: State and Federal Judges Consider the Role of State Constitutions

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Vol. 103 No. 1 (2019) | Navigating Rough Seas

Judge Jeffrey Sutton is one of our most respected and admired federal appellate judges. He has served on the Sixth Circuit, with chambers in Columbus, Ohio, since his appointment to […]

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A Blinding, An Awakening, and a Journey Through Civil Rights History

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Vol. 103 No. 2 (2019) | Pay NCAA athletes?

Sergeant Isaac Woodard had just completed a three-year tour in a segregated unit of the United States Army. He boarded a Greyhound bus in Augusta, Ga., that would take him […]

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The Emergence of the American Constitutional Law Tradition

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Vol. 103 No. 1 (2019) | Navigating Rough Seas

My title is “The Emergence of the American Constitutional Law Tradition,” and what I want us to think about today is the process by which American constitutional law came to […]

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United states depicted as a stars and strips quilt

Change Agents: Looking to State Constitutions for Rights Innovations

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Vol. 102 No. 2 (2018) | Rights That Made The World Right

The following is an excerpt from 51 Imperfect Solutions: States and the Making of American Constitutional Law (© 2018 by Jeffrey Sutton, published by Oxford University Press. All rights reserved.) […]

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