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This article argues that proponents of campaign-finance reform should adopt a new tactic and advance a countervailing right under the Petition Clause to supplant prior successful free-speech challenges to reform. If the Constitution bears some majoritarian structure, that structure must
The final report of the South African Truth and Reconciliation Commission (SATRC) remains unparalleled in the clarity with which it defined truth. The commissioners considered which types of truth were needed to move the country toward reconciliation and devised categories
Criminal defense lawyers should explicitly discuss at the sentencing phase conditions of confinement in prisons similar to how Civil War-era abolitionists used narratives about conditions of slavery to raise awareness about the dire conditions and to humanize those affected.
Over the past three decades, social justice attorneys have adopted more “participatory” approaches to advocacy, including rebellious lawyering, public dispute resolution, and community economic development. This article proposes using the concept of human dignity as a lens for exploring tensions
This article seeks to provide insight into how lawyers can support reproductive justice without encroaching on the power of the movement’s leaders or the needs of the communities at its core.
This article analyzes the medical evidence (or lack thereof) behind "health-justified" abortion regulations, and argues that such restrictions fail to meet the evidence-based standard of Whole Woman’s Health.
Many individuals who may value government and nonprofit services and legal protections fail to enjoy these benefits because they reside in a “surveillance gap.” These people include undocumented immigrants, day laborers, homeless persons, and people with felony conviction histories suffering
This article argues that the Supreme Court’s decision in Obergefell v. Hodges provides a mold for homeless individuals and their advocates to recast challenges to anti-homeless ordinances and regularly-issued move-along orders into a more compelling form.
H. Hunter Bruton {{University School of Law, J.D. 2016; University of North Carolina at Chapel Hill, B.A. 2012. Thanks to Duke University School of Law for providing me with abundant support for my scholarly endeavors. Thanks to Judge Allyson K.
This article explores how unconscious bias has played a central and unacknowledged role in creating disparate outcomes among racial groups, and suggests that the Supreme Court adopt a new standard for Equal Protection violations—discriminatory negligence. The article then explores the
This Article compares the legal treatment of lethal force exercised by the President with the legal treatment of lethal force exercised by police officers.
This Article addresses the systematic failure of group homes to modify punitive and overprotective policies and to provide services related to sex and intimacy, creating an environment of sexual isolation.
Using the frame of client-centered lawyering, lawyers representing H-2A temporary workers in civil litigation can employ various methods to ensure that their clients are not again relegated to an outsider status.
Federal employment law should expand beyond the group-based protections established in Title VII to protect and promote an employee’s authentic self in the workplace.
Notwithstanding some unfavorable precedents, a long line of First Amendment decisions on picketing, boycotts, and other pro-test speech require the Court to dismantle the statutory restrictions, even as narrowed by the appellate courts and the NLRB.
Executive Order 157 embodies a troubling trend toward state condemnation of disfavored political opinion and its clear disregard for constitutional mandates urges legal challenge.