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18 Duke J. Const. L. & Pub. Pol'y i (2023)

handle is hein.journals/dukpup18 and id is 1 raw text is: 











FOREWORD


   There   exist no universal authorities on  Constitutional Law
comparable to Nimmer  on Copyright or Wright and Miller on Federal
Practice. Obviously, there likewise exists no universally recognized
authority on public policy. Were such a treatise to exist, perhaps we
would have  no need for a government at all. Imagine all the people
living life in peace.' On these subjects of which our Journal has the
pleasure of discussing, I submit that we ourselves are all the authorities,
whether or not one even attends law school. Constitutional Law is one
of few law  school courses in which each law student, simply as a
member  of the polity, actively participates on a daily basis outside the
classroom. (One would hope future lawyers are not doing the same for
Criminal Law or Torts).
   Yet, on these subjects, Professors Thorlin, Calvert, Papandrea, and
Pierce are just slightly more authoritative than the lay-person, and were
accordingly selected for publication in this Volume. Professor Jack
Thorlin of Georgetown University advocates changes to the standard
governing preliminary injunctions that will bolster the legitimacy of the
federal judiciary. Professors Clay Calvert of the University of Florida
and Mary-Rose  Papandrea of the University of North Carolina warn of
constitutional pitfalls if the Supreme Court superimposes its recent
Second Amendment   jurisprudence onto our guarantee of Free Speech
in the First Amendment.  Professor Richard J. Pierce, Jr. of George
Washington  University explains how the Court has painted itself into a
corner with its attempt to harmonize the Constitution's mandate with
the government's ability to function; he proposes several solutions to
resolve this dilemma.
   Three  of our own members  are slightly less authoritative than the
authors previously mentioned, but nonetheless merit inclusion in the
Volume.  Paget  Barranco  analyzes the  criminal procedure  rights
implications of the use of facial recognition technology by law
enforcement to identify criminal suspects. She advocates for a potential
reform to increase transparency on the use of the technology. Next,


    1. JOHN LENNON, Imagine, on IMAGINE, (Apple Records 1971).

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