<span>The pervasive quality of digital information poses challenges to traditional Fourth Amendment doctrine regulating law enforcement searches. Modern doctrin

Introduction The relevance of historical facts to constitutional law has never been greater or more contested in our legal system. In an increasingly wide range of cases involving everything from abor...

The pervasive quality of digital information poses challenges to traditional Fourth Amendment doctrine regulating law enforcement searches. Modern doctrine asks

It is striking that many early-stage SCOTUS orders have either reversed or supplanted factual findings of lower courts.

President Donald Trump signed an executive order seeking to end cashless bail. What is it, and how have policies around it affected crime?

House was finally freed in 2008. But under today's court, he'd likely still be on death row -- or worse.

The cameras are mounted across downtown New Orleans: hanging from balconies on Bourbon Street, bolted to the exterior walls of bars and four-star hotels throughout the French Quarter. For two... Read ...

A groundbreaking challenge to a core principle of constitutional law, arguing that congressional action is not limited by the legislative branch’s textually enumerated powers.Every law student learns ...

Alt: a woman in a striped shirt is talking into a microphone with the name sam on her neck

Check out the summer reading assignment for this year’s incoming class and participate in thought-provoking reads designed to introduce first-year students to Duke’s academic climate and encourage int...

Facing sharp questioning from Democratic lawmakers, the director of Homeland Security incorrectly described the constitutional right as a presidential authority to deport individuals.

Con gran convocatoria se desarrolló el conversatorio “Valor del Debido Proceso”. La actividad tuvo lugar el martes 14 de mayo y reunió a autoridades judiciales, académicos y profesionales del derecho,...

The Connecticut DMV allows owners to get back into towed cars to retrieve items that are essential to their health and welfare. But people have lost work equipment, car seats, important documents and…

Stephen Miller said the Trump Administration is “actively looking at” the option of suspending habeas corpus.

Stephen Miller said the Trump Administration is “actively looking at” the option of suspending habeas corpus.

The Legal Theory Bookworm recommends Defending Due Process: Why Fairness Matters in a Polarized World by Brandon L. Garrett. Here is a description: We all feel unfairness deeply when treated in rash w...

The autopsy notes two bullet wounds even though there were three shooters, and a forensic expert says the misfires likely caused "excruciating conscious pain and suffering."

Faulty DNA tests being used in criminal cases in Texas could impact more than 1,000 cases. Under some circumstances, these tests were incorrectly coming back as insufficient DNA to test.

The Brady doctrine requires prosecutors to disclose all favorable and material evidence to the defense. To effectuate that rule, the U.S. Supreme Court has defi

Venezuelan migrants were given English-only notices with limited time to file court challenges, according to a newly unsealed declaration.

As Supreme Court Justice Felix Frankfurter put it: "The history of American freedom is, in no small measure, the history of procedure." The scale of

The Hawthorne effect refers to the tendency of individuals to behave differently when they know they are being studied. In the forensic science domain, concerns have been raised about the “strategic ....

The manufacturer of the test kits notified the Los Angeles County Sheriff’s Department in August that many of the kits were likely defective, but it kept using them for several months.

The Brady doctrine requires prosecutors to disclose all favorable and material evidence to the defense. To effectuate that rule, the U.S. Supreme Court has defi

Iwao Hakamada, 89, who is believed to have been the world’s longest-serving death row inmate, was exonerated last year of a 1966 murder conviction.

Data from Houston, Texas, indicates that improving fairness can bring down crime.

An interview with Professor Brandon Garrett about his new book

It’s hard to keep up with the pace of change/disruption in the United States these days, but much of it is the culmination of a longer trend of an attack on due process rights that is clearly set out ...