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.
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.
TikTok v. Garland: A Catalyst for Global Digital Censorship and the Splintering Web
It Twas the night of January 18th, 2024, as US TikTok users began to accept their fate as TikTok went dark–blocking out 170 million active users and 7 million businesses, creating an unorthodox migration to Chinese social media apps, and frustrating Americans who rely on the app. The ban–more akin to a timeout–was lifted a day later under the promise of non-enforcement, and business went on as usual.
Global Standards, Local Failures: Indigenous Rights Under International Law
International law has been the historic safeguard for human rights, yet it has proven to be unreliable in enforcing its own global standards. Authoritarian regimes, including those signed onto universal human rights declarations, persistently violate international law and face impunity from the world’s superpowers.
Why Innocent People Plead Guilty: An Analysis of False Confessions and the Central Park Five Case
In 1989, five teenagers were convicted of brutally attacking and sexually assaulting a jogger in Central Park. Deemed the Central Park Five, these boys went on to serve around ten years in prison before being completely exonerated after the real criminal confessed and was a match to DNA evidence found at the original crime scene.
Balancing Justice: The Role of Artificial Intelligence in the Courtroom
In the realm of law, Artificial Intelligence (AI) has played an increasing role in nearly every facet of the field. Specifically, AI has been slowly integrating itself within the courtroom through case management, document processing, and increasing the efficiency of administrative workflows.
The Use of Artificial Intelligence in Health Insurance: Flaws and the Future
The revolution of artificial intelligence in healthcare is already underway. The limitless possibilities of artificial intelligence and machine learning models to save time and money–leading to saved lives and better care. But how do we ensure the ethical and equitable usage of this technology, especially when it comes to people’s health? That is the question in three recent class action lawsuits against Cigna, United Healthcare, and . . .
Sensitivity vs. Sensationalism: Victim Negligence & Publicity Rights in the Era of Tending True Crime Series
Netflix’s Monsters: The Lyle and Erik Menendez Story has become one of the most-watched Netflix shows this fall, quickly captivating audiences with its riveting acting and suspenseful narrative. The show amassed about 500 million views from Sept. 23 to Oct. 20. The Lyle and Erik Menendez Story along with The Jeffrey Dahmer Story (both part of the Monsters series) highlight the popularity of true crime narratives today . . .
Artificial Intelligence and Intellectual Property Law: Exploring the Legal Implications and Challenges
Whether it be a new invention or a YouTube video, individuals are entitled to the rights of their own intellectual property. Intellectual property law consists of using the law to protect these rights and ensure originality within varying inventions, music, writing, designs, and other works. With AI-generated content becoming increasingly prevalent, intellectual property law has adjusted to this revolution of copyright and trademarks . . .