Online Journal
Our Online Journal features original legal and public policy analysis pieces written and edited by our Online team of Duke undergraduates. The opinions expressed by the Online team are not representative of any views held by the Duke Undergraduate Law Review Executive Board.
The Neurological Fifth Amendment: Reassessing Self-Incrimination in the Age of Brain-Computer Interfaces
By Alix Sztejman
The Fifth Amendment’s protection against self-incrimination stands as one of the most profound constitutional barriers against government intrusion, protecting the sanctity of human thought from compelled discourse. This constitutional safeguard was established to prevent the state from forcing a defendant into a confession. However, what occurs when the government is able to access the mind directly, superseding speech entirely?
The Constitutional Risks of Judicial Elections
By Ava DeBenedet
Out of 5.5 million ballots cast, North Carolina’s 2024 Supreme Court election was determined by a margin of just 734 votes. After six months of protests and disputes over ballot counting, Jefferson Griffin conceded defeat to Allison Riggs [3]. As shown by the tenth of a percent difference in results between the two candidates, the race clearly divided the state along ideological and partisan lines. But what do such divisions mean for a branch of government that is supposed to be non-partisan?
Legal Frameworks for AI in Immigration Processing
By Kiana Raoufiniai
Artificial intelligence is revolutionizing the landscape of administrative decision-making in the United States. Algorithmic systems are increasingly tasked with determining individuals' rights and immigration status. Supporters of the technology argue that technological automation will accelerate notoriously lengthy immigration proceedings and eliminate human error. However, fully integrating AI into areas as critical to the American experience as immigration raises questions about due process, accountability, and discrimination.
Due Process and Public Safety in the Development of Bail Reform
By Alex Precourt
The American bail system rests uneasily between two constitutional imperatives: the protection of individuals' liberty and the preservation of public safety. This tension is particularly evident in pretrial detention decisions involving defendants with prior violent convictions. When judges deny bail based on a prediction of dangerousness, they confront a constitutional question at the core of American due process: Does preventative detention before conviction undermine the presumption of innocence and violate the Eighth Amendment’s protection against excessive bail?
Turning the Nondelegation Doctrine Inward: Why Judges Must Stop Delegating Core Judicial Power
By Harrison Green
The separation of powers, which divides governmental authority among the three federal branches, is the core structural feature of the American government. One of the biggest challenges to this system today is the massive amounts of delegated power held by unelected administrative agencies. The following analysis will establish that the main principle used to limit that power, the nondelegation doctrine, must also be applied internally to the federal judiciary.
The Triple Threat: Platform, Moderator, and University Liability for Anonymous Campus Harassment
By Max Zinkin
Fizz, the social media app that provides a private anonymous message board for college and high school students, has, since its founding in 2021, established itself on more than 620 campuses and has raised $41 million in funding as of September 2025. [1] At each school, Fizz is monitored primarily by students at that same school. The app is expanding rapidly, quadrupling its active user-count in the past few months. While Fizz has a “promise of wholesome community building,” it has also faced controversy.
Would the Court Find Trump’s Tariff Orders Constitutional in the Era of FDR?
By Ameera Mehan
The Trump Administration’s executive orders concerning the implementation of heightened tariffs on a global scale, including in respect to allies such as Canada and the United Kingdom, are raising constitutional concerns over the contemporary expansion of executive power. However, uncertainty regarding the rightful separation of powers amid an energetic executive is not a novel discourse.
Payback Time: New York’s Climate Superfund Act
By Lawrence Wu
When Hurricane Ida struck New York in 2021, water flooded the subway tunnels, power grids failed across the city, and lives were lost in apartments. Post-disaster recovery reached billions of dollars, the brunt of which was placed on taxpayers and not those who profited from fossil fuels. In June 2025, New York decided that would no longer be the case. The state passed the Climate Superfund Act, the second law of its kind in the nation to make major fossil fuel companies pay for the staggering costs of climate adaptation.
The Line Between Influence and Infringement
By Samuel Kodish
In the last few years, generative artificial intelligence has evolved from a novelty into a genuine dilemma for the music industry. Tools like Suno, Udio, and Anthropic’s Claude can now compose melodies, lyrics, and even full songs that sound remarkably similar to existing works. Because these models are trained on massive collections of preexisting material—much of which remains under copyright—they sometimes reproduce familiar fragments or stylistic patterns that echo the originals.
Executive Authority, Presidential Firings in Federal Agencies, and Trump v. Slaughter
By Margalit Salkin
President Trump’s first eight months in office have been defined by a concerted effort to reshape or eliminate federal agencies. From dramatically increased regulatory oversight in the Federal Emergency Management Agency to attempts to close The Department of Education and firings in the Federal Trade Commission (FTC), these actions can be understood within the context of the President’s policy objectives and desire to increase government efficiency.
Compelled to Share: Antitrust Remedies and the Privacy Costs of United States v. Google
By Jacqueline Rodriguez
Google’s dominance is indisputable, controlling around 90% of the global search engine market. In United States et al. v. Google, the Justice Department’s Antitrust Division sought to tackle Google’s unlawful monopolization to restore competition in search and advertising. On September 2nd, 2025, U.S. District Judge Amit Mehta issued penalties against Google, including requiring Google to share portions of its extremely valuable search data with some of its competitors.
Teen Fintech, Clickwrap, and the Infancy Doctrine 2.0
By Alexander Stiuart
Teenagers open banking apps, tap "Agree," and bind themselves to arbitration clauses and class-action waivers. They authorize recurring charges before they can legally sign a lease. Contract law has protected minors through the infancy defense for centuries, allowing them to cancel contracts they enter. But in recent years, digital design has weakened that protection. Fintech platforms use clickwrap agreements, automatic renewals, and ratification rules that prevent minors from canceling their contracts.
Application of Separation of Powers to Regulatory Enforcement
By Merritt Lubetsky
The Securities and Exchange Commission has a critical role in shaping modern financial markets. The body is tasked to protect investors and ensure the fairness and integrity of markets. As financial markets continue to evolve, the SEC’s initiatives have expanded to address corporate political activity. However, regulatory initiatives produced tension with regard to the protection of constitutional rights. This tension is exemplified by the recent United States Supreme Court decision in Securities and Exchange Commission v. Jarkesey, in which the defendant challenged the extent of the SEC’s enforcement powers.
Majority Rules: The Influence of Conformity on Jury Decision-Making
By Sarah Guttman
After World War II, citizens and scientists alike wondered how entire populations could commit the atrocities the world had just witnessed. This question prompted social psychologists and researchers such as Solomon Asch to investigate the role that social influence plays in shaping our behavior. Countless studies yielded the same result: the desire to conform is an immensely powerful psychological motivator that can cause good people to make immoral decisions. Juries are especially susceptible environments for conformative influences.
The Limits of Judgment: West Coast Hotel Co. v. Parrish and the Revamp of the Court’s Judicial Philosophy
Few cases have dramatically altered the constitutional landscape as did West Coast Hotel Co. v. Parrish, a decision that shifted the Court’s judicial philosophy and interpretation of due process. Justice Holmes’ dissent in Lochner v. New York, which advocated for majority rule in lawmaking, marked a watershed moment.
Dismantling the Department of Education: Constitutional Authority and the Future of Learning
The US Department of Education plays a pivotal role in administering federal education funding, protecting civil rights, promoting equity, and providing opportunities for all students. On March 11th, 2025, the Trump administration announced a reduction in force that would halve the already lean department. The dismantling of the US Department of Education has been met with fierce backlash from a barrage of lawsuits aiming to prevent or undo the damages.
The Legal and Ethical Challenges of AI in Healthcare: Liability, Privacy, and Regulatory Frameworks
For the last century, healthcare has progressed at an unprecedented rate, making strides in every aspect of its field and keeping society healthy and efficient. In the last decade, artificial intelligence (AI) has proven to be the new catalyst of the field, contributing to new advancements that can revolutionize how healthcare is run globally. Specifically, the application of technology and AI in healthcare can address some of these challenges.
Gambling with America’s Future: The History, Impacts, and Future of Sports Betting Legislation
Considering the widespread stigma surrounding most gambling behavior, the practice of sports betting is curiously normalized and prevalent within our society. About thirty percent of Americans participated in sports betting in 2024 alone. Prior to 2018, sports betting was illegal in accordance with the Professional and Amateur Sports Protection Act, which was passed in 1992. This Act “banned sports betting outside of Nevada and tribal casinos.”
The TikTok Test: Can American Civil Liberties Survive the Digital Age?
The recent Supreme Court ruling on TikTok’s viability within the United States reflects the evolving question of what defines American national security and its historical entanglement with the Constitution. In the late 18th century, the Framers were concerned with the balance of national security. They cautioned that the innate American love for liberties should not “give way to its dictates,” as Alexander Hamilton wrote.
The Struggle to Reduce “Forever Chemicals” (PFAS) in the United States
They are in food packaging, clothing, breathing air, cookware, drinking water, soil, and fire-fighting foams: polyfluoroalkyl substances (PFAS) have invaded nearly every aspect of life in the United States. Referred to as “forever chemicals,” PFAS accumulates in one’s bloodstream, leading to a myriad of health impacts including decreased fertility, bone variations in children, high cholesterol levels, obesity, reduced vaccine response, and increased risk for prostate, kidney, and testicular cancers.