Duke Law School

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NEW | Prof. Darrell A. H. Miller, a Con Law and Second Amendment scholar, discusses the perils of relying on analogical reasoning in applying SCOTUS’ new 𝘽𝙧𝙪𝙚𝙣 test — and how to avoid them — in his Duke Law Journal article “Historical Analogy and the Role Morality of Reason-Giving.” ➡️ duke.is/m/q5ec

Historical Analogy and the Role Morality of Reason-Giving
Authors
Darrell A. H. Miller, Duke Law SchoolFollow
Document Type
Article

Publication Date
3-18-2024

Subject Category
Law

Abstract
The Supreme Court has turned ever more to analogical reasoning from history and tradition to decide significant matters of public policy. Nowhere is this phenomenon more evident than in the Court’s 2022 decision in New York State Rifle and Pistol Association v. Bruen.

The Court’s crafting of a Second Amendment test that turns almost entirely on the strength of analogies—and on a topic of such intense public salience—has thrust analogical reasoning to the forefront of judicial and academic debate. While many have questioned the workability of Bruen’s focus on historical analogs, this Essay is less concerned about the pragmatics of Bruen and more focused on the ethical implications of this type of reasoning.

NEW📝: “Increasing Compliance with Int’l Pandemic Law” — Duke Law Professor Laurence Helfer, et al suggest 6 politically feasible monitoring mechanisms for a draft global health treaty to induce positive changes in state behavior. Read here: 👉 duke.is/5/k8zh

Increasing compliance with international pandemic law:
international relations and new global health agreements
Matthew M Kavanagh, Clare Wenham, Elize Massard da Fonseca, Laurence R Helfer, Elvin Nyukuri, Allan Maleche, Sam F Halabi,
Adi Radhakrishnan, Attiya Waris
Across multiple pandemics, global health governance institutions have struggled to secure the compliance of states
with international legal and political commitments, ranging from data sharing to observing WHO guidance to
sharing vaccines. In response, governments are negotiating a new pandemic treaty and revising the International
Health Regulations. Achieving compliance remains challenging, but international relations and international law
research in areas outside of health offers insights. This Health Policy analyses international relations research on the
reasons why states comply with international law, even in the absence of sanctions.

LISTEN 🎧 | “Universities can take proactive steps, for example, in educating their community about what civil discourse looks like...” First Amendment Clinic Dir. Sarah Ludington chats w/ @npr.org about 1A protections for students and faculty protesting on college campuses.

Do students and faculty facing arrest at protests have First Amendment Rights?

NPR's Ayesha Rascoe speaks with Sarah Ludington of Duke University's School of Law about the first amendment protections for students who are protesting on college campuses.

npr.org

While on a typical date for the couple, Aditi Mishra LLM ’24 never expected to receive a proposal from her longtime boyfriend, Jai Singh LLM ’24. But just a couple of months ago, she got what she had hoped for. 🌻🌹💍 Read their story ➡️ duke.is/5/8amj

Man kneeling to propose to woman on a small bridge

“It’s moving quickly, but it’s about to grow exponentially.” Author of “The Battle for Your Brain,” Duke Law Professor Nita Farahany talks to the @nytimes.com about future of neurotech industry as new Colorado law extending protections to brain data garners national attention.

Your Brain Waves Are Up for Sale. A New Law Wants to Change That.

In a first, a Colorado law extends privacy rights to the neural data increasingly coveted by technology companies.

nytimes.com

Prof. Neil Siegel's “𝐓𝐡𝐞 𝐂𝐨𝐥𝐥𝐞𝐜𝐭𝐢𝐯𝐞-𝐀𝐜𝐭𝐢𝐨𝐧 𝐂𝐨𝐧𝐬𝐭𝐢𝐭𝐮𝐭𝐢𝐨𝐧” presents new insights on the structure and purpose of the founding document. Siegel provides a broad but deep theory of the U.S. Constitution's basic structure, drawing from the disciplines of law, history, political science, and economics.

Cover of Siegel's book with title The Collective-Action Constitution

We’re thrilled to share news of our Assoc. Dean for DEI Alison Ashe-Card and Sylvia James ’96 being elected to leadership positions for the National Association for Law Placement. Ashe-Card was voted president-elect and James as VP for diversity, equity, and inclusion. Read more ➡️ duke.is/v/vmtt

Portraits of Ashe-Card and James

Alan LeBlang ’24 is one of 14 law students selected for a law fellowship that uses the conduct of legal professionals in Nazi-occupied Europe as a framework for approaching ethical responsibility in the legal profession today. “I wanted to start my legal career with a strong ethical foundation....”

Alan LeBlang ’24 chosen for FASPE Ethics Fellowship

LeBlang sought a law fellowship to nurture his moral and ethical compass as an aspiring lawyer.

law.duke.edu

What was it like to clerk for Justice Sandra Day O'Connor? We heard from 3 of her former clerks—Duke Law Profs. Lisa Kern Griffin ('97-'98) and Matt Adler ('92-'93) and NC Deputy AG Sarah Boyce '12 ('15-'16)—at yesterday's 2024 Bolch Prize event recognizing Justice O'Connor as this year's recipient.

two banners on stands with the title of the event and list of the speaker names and sponsors.the four speakers seated at a long table with moderator asking a questionwide view of the classroom with seated audience and four speakers seated at long table at the front.Prof. Griffin smiling seated at table with panelits

WATCH | We’re kicking off a new four-part video series exploring judicial clerkships! ⚖️👩‍⚖️ In Ep. 1, Prof. Veronica Root Martinez shares why she chose to clerk after law school, how it honed her legal skills as an attorney and academic, and ways to broaden the clerkship applicant pool.

Clerkships | Insights from Prof. Veronica Root Martinez

Duke Law Prof. Veronica Root Martinez talks about what motivated her to pursue a clerkship as a law student, how she went about that process, and the legal s...

youtube.com

Speaking to WRAL-TV News, Professor Paul Haagen says he doesn't see a return to large-scale sports betting scandals, says players' activity is easier to monitor with legal online gambling. "Once you make it legal, you can have some greater control in monitoring the market,” Haagen said.

Does legal online sports betting change behaviors of players and fans?

While systems are in place to monitor the market, there have been instances of players betting on sports.

wral.com

Tuesday at Duke Law: Israeli Supreme Court Justice Daphne Barak-Erez 👩‍⚖️ spoke about her new 📖, “Biblical Judgments: New Legal Readings in the Hebrew Bible,” which considers today's dilemmas of law and government, social justice, and human rights through the perspective of the Hebrew Bible.

Justice Daphne Barak-Erez speaking and sitting opposite David LeviJustice Daphne Barak-Erezwide view of classroom with seated audience watching discussion at front of roomJustice Daphne Barak-Erez seated and gesturing with both hands while speaking

🗣️ 𝐈𝐬 𝐭𝐡𝐞 𝐂𝐨𝐧𝐬𝐭𝐢𝐭𝐮𝐭𝐢𝐨𝐧 𝐨𝐛𝐬𝐨𝐥𝐞𝐭𝐞? Duke Law Prof. Jeff Powell, a constitutional law scholar, argues that it is not. "The common life of the United States centers on the U.S. Constitution to a degree unparalleled elsewhere, and if that center is out of date, we have a serious problem," Powell writes.

POWELL: Is the Constitution obsolete?

An increasing number of Americans are asking whether our Constitution is obsolete. Whether that fear leads to legal cynicism, political despair or a call for radical change varies from person to pers...

nsjonline.com

WATCH 👩‍💻📱 | PBS docuseries “Returning Citizens: Life Beyond Incarceration, Testimony” featured Asst. Clinical Prof. Lauren Fine ’11 talking about her work in juvenile justice. Fine is the co-founder and immediate past co-director of the Philadelphia-based Youth Sentencing & Reentry Project.

Returning Citizens: Life Beyond Incarceration | Testimony | Episode 102 | WHYY

Sentenced as teens, then freed by the Supreme Court, inmates tell their truths.

video.whyy.org

An honor to have Harvard Law Prof. Ruth Okediji with us yesterday for this year's Lange Lecture in Intellectual Property, exploring how the interplay among U.S. identity politics, foreign relations crises, and the dynamics of European integration have shaped new frontiers in int'l IP lawmaking.

Prof. Ruth Okediji standing at lecternwide view of classroom with people attending presentationProf. Ruth Okediji standing at lecterntwo people talking and standing opposite each other

Kudos to Profs. Doriane Coleman, Emily Ryo, Veronica Root Martinez & Sara Sternberg Greene on receiving distinguished professorships from Duke. They are among 32 recognized this year, including Prof. Elisabeth de Fontenay, who was awarded a distinguished professorship in Oct. Story ➡️ duke.is/n/tvfy

three people sitting and two people standing together for photo

4th Circuit rulings on 3 Second Amendment cases will help shape the post-Bruen landscape, says Andrew Willinger, executive director of the Duke Center for Firearms Law “We’re still in that period where these appellate decisions are going to go a long way toward shaping the post-Bruen landscape.”

Gun Laws to Face Fourth Circuit in Trio of Post-Bruen Tests

A trio of Second Amendment cases this week will offer a look at how federal appellate judges are navigating gun regulations in the wake of the US Supreme Court’s 2022 Bruen decision, giving courts new...

news.bloomberglaw.com

“The rule has been under enormous stress primarily because large economies...are increasingly interested in the kinds of activities that their consumption supports overseas,” said Prof. Tim Meyer on the trend of countries imposing tariffs and regulations on the production of goods elsewhere.

Lecture explores shift in international economic governance

Georgetown University in Qatar (GU-Q) and the College of Law at Hamad Bin Khalifa University (HBKU) continued their collaborative lecture series “Foundations of International...

gulf-times.com

In this Guardian op-ed, Duke Law Prof. Nita Farahany, a leading scholar on the ethical, legal, and social implications of emerging tech, is calling on Congress to adopt "a nuanced, risk-based framework" toward TikTok and other social platforms.

Congress is right to want to curtail TikTok’s power and influence | Nita Farahany

Millions of young Americans love the social media app – but it’s alarmingly addictive and a national security risk

theguardian.com

Duke Law is home to thought-provoking discussions like yesterday’s ‘Law and AI in China and the US’ talk exploring tech advancement and legal frameworks. Speakers: Profs. Shitong Qiao and Arti Rai, Duke Engineering’s Profs. Yiran Chen and Jian Pei, and Prof. Jun Yang, from Duke’s Dept of Comp Sci.

seated student speaking to panelfive panelists seated at long table, one of them is holding mic and speakingwide view of large classroom full of seated audience and 5 panelists seated at table at the front of the roompanelists speaking with students

More wonderful alumni news! John Macy ’22, known for immersing himself in courts and the judiciary while at Duke Law, will have a front row seat this fall at the nation's highest court. Macy has been selected to clerk for Supreme Court Associate Justice Samuel Alito for the upcoming term.

John Macy ’22 to clerk for U.S. Supreme Court Associate Justice Samuel Alito

Macy immersed himself in courts and the judiciary during his time at Duke Law and will have a front row seat this fall at the nation's highest court.

law.duke.edu

We’re thrilled to share news of Duke Law alum Donovan Stone ’20 being selected to clerk for U.S. Supreme Court Associate Justice Ketanji Brown Jackson! 👏⚖️👏 “I am incredibly excited to start the clerkship,” Stone said. Full story ➡️ duke.is/y/tvvy

headshot of Donovan

Griffin Baker ’21, an associate in the tax department of Weil Gotshal, is serving as the firm’s 14th Lend-A-Lawyer in the Dallas Volunteer Attorney Program, dedicated to increasing and enhancing pro bono legal services to the poor in Dallas. Read more ➡️ duke.is/4/rkvw

headshot of Baker

Recently, 4 Duke Law students—Noah Buyon ’25, Amy Hartzell JD/LLM ’24, Korede Sotubo LLM ’24, and Tatiana Varanko JD/LLM ’24—joined the nation’s top students in international law in D.C. for the prestigious 2024 Cutler Fellows weekend. Read their full story here ⤵️

Students get immersion in international law during Cutler Fellows weekend

The annual program draws the nation's top students in international law to Washington for discussions of current global issues and networking with top officials and practitioners.

law.duke.edu