Dying Constitutionalism and the Fourteenth Amendment

In a forthcoming essay, “Dying Constitutionalism and the Fourteenth Amendment,” Professor Ernest Young assesses how that amendment got “off track” from its promise of liberty and equality for black Americans shortly after its ratification, as evidenced by the rise of Jim Crow in the South and “consolidation” of racial discrimination in the North, and offers it as a “test case” for living constitutionalism. Young, the Alston & Bird Professor of Law and co-director of the Program in Public Law, writes that “the notion of a ‘living Constitution’ often rests on an implicit assumption that important constitutional values will ‘grow’ in such a way as to make the Constitution more attractive over time. But there are no guarantees: What can grow can also wither and die.” Young presented his essay as the 2018 Robert F. Boden Lecture at the Marquette University Law School on Sept. 20.

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Profs. Ernest Young

ABOUT Ernest Young

Professor Ernest Young is a leading authority on the constitutional law of federalism. He teaches constitutional law, federal courts, and foreign relations law. He also is an active commentator on foreign relations law, where he focuses on the interaction between domestic and supranational courts and the application of international law by domestic courts.

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Faculty

Faculty Spotlight

Research by Beskind, Skene, Vidmar and others indicates that type of crime alleged can increase jurors’ confidence in guilt

Researchers Beskind, Skene, and VidmarThe more severe a crime, the more evidence you should have to prove someone did it. But a new Duke study has shown that the type of alleged crime can increase jurors’ confidence in guilt.

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Recent Activities

  • George C. Christie
    Professor Christie was invited to deliver a lecture at the University of Athens Law School. His talk was entitled “Why It Is Impossible as Well to Try to Eliminate the Need for Judges to Exercise Practical Wisdom in Legal Decision Making.”
    (February 06, 2018)
  • Deborah A. DeMott
    On behalf of the Institute for the Fiduciary Standard, Professor DeMott organized a panel discussion and gave a presentation on “Is the SEC’s Proposed Regulation Best Interest a Suitable Best Interest Standard?” at Texas Tech University, Sept. 21, 2018. The event honored Harold Evensky, 2018 recipient of the Institute’s Frankel Fiduciary Prize.    
    (September 21, 2018)
  • Deborah A. DeMott
    Professor DeMott presented a paper, “Fiduciary Duties on the Thresholds of Agency Relationships,” at the workshop on Global Perspectives on Fiduciary Law, the Atara Kaufman Annual Conference on Law and Globalization, Radzyner Law School, IDC Herzliya. The Workshop was the first conference on fiduciary law held in Israel.
    (April 15, 2018)

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    Founded in 1993, the Center on Law, Ethics and National Security is an promotes education and discussion of the complex issues involved in national security, such as the legal and policy implications of the war on terror; U.S. relations with the International Criminal Court; humanitarian interventions; and role of contractors in military operations.

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    The Nicholas Institute for Environmental Policy Solutions engages with decision makers in government, the private sector, and the nonprofit community to develop innovative and nonpartisan solutions to critical environmental challenges.

 

 

Law Blogs

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