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Duke Law School @dukelaw.bsky.social · May 7

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.

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Duke Law School @dukelaw.bsky.social · Apr 30

Good morning from Duke Law! ☀️😎

Sign with Duke School of Law, Bolch Judicial Institute on it in front of law school building

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Duke Law School @dukelaw.bsky.social · Apr 29

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.

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Duke Law School @dukelaw.bsky.social · Apr 29

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.

www.npr.org

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Duke Law School @dukelaw.bsky.social · Apr 26

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

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Duke Law School @dukelaw.bsky.social · Apr 23

“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.

www.nytimes.com

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Duke Law School @dukelaw.bsky.social · Apr 19

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

Duke Law School @dukelaw.bsky.social · Apr 10

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

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Duke Law School @dukelaw.bsky.social · Apr 8

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

Duke Law School @dukelaw.bsky.social · Apr 5

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 question

wide 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

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Duke Law School @dukelaw.bsky.social · Apr 4

We’re thrilled to see our own Assoc. Clinical Prof. Crystal Grant highlighted as a #Duke100 Trailblazer 🤩 for her thoughtful, innovative, and interdisciplinary approach to working with students in the Duke Children’s Law Clinic.

Read more about Prof. Grant ➡️ duke.is/9/azy6

grant standing with arms crossed under arched hallway

Duke Law School @dukelaw.bsky.social · Apr 3

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...

www.youtube.com

Duke Law School @dukelaw.bsky.social · Apr 2

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.

www.wral.com

Duke Law School @dukelaw.bsky.social · Mar 29

“Highlighting the nation’s failure to protect journalists, Reporters Without Borders recently declared that the United States is ‘no longer a champion of press freedom, either at home or abroad,’” writes Second Amendment Prof. Joseph Blocher in his essay for @knightcolumbia.org ➡️ duke.is/j/atbc

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Duke Law School @dukelaw.bsky.social · Mar 28

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 Levi

wide view of classroom with seated audience watching discussion at front of room

Justice Daphne Barak-Erez seated and gesturing with both hands while speaking

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Duke Law School @dukelaw.bsky.social · Mar 27

Kudos to Mary-Grace Rees ’25 and Aysia Slade ’24 for reaching the semi-finals at the Costello competition at GMU’ Antonin Scalia Law School in Arlington, Va.

Duke Law School @dukelaw.bsky.social · Mar 27

“Trial lawyers should collaborate to get the best results for their clients. Practicing that teamwork with [Matt Queen ’24] and [Johanna Crisman ’25] at TYLA was an incredible way to prepare for my future litigation career,” said Margaret Kruzner ’24, who won the Best Opening Statement Award.

six students standing together for a photo

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Duke Law School @dukelaw.bsky.social · Mar 27

We're thrilled to share news of this year’s Mock Trial Board winning awards at the Texas Young Lawyers Association National Trial Competition and reaching the semi-finals at the John L. Costello National Criminal Law Trial Advocacy Competition! 🏆⚖️👏 https://duke.is/5/ywrd

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Duke Law School @dukelaw.bsky.social · Mar 26

🗣️ 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

Duke Law School @dukelaw.bsky.social · Mar 25

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

Duke Law School @dukelaw.bsky.social · Mar 25

Ready ➡️ Set ➡️ Go! Have a great Monday!😃🌞

person looking at phone while walking by Duke Law School sign

Duke Law School @dukelaw.bsky.social · Mar 22

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.

wide view of classroom with people attending presentation

two people talking and standing opposite each other

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Duke Law School @dukelaw.bsky.social · Mar 21

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

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Duke Law School @dukelaw.bsky.social · Mar 21

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

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Duke Law School @dukelaw.bsky.social · Mar 20

“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...

www.gulf-times.com