
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 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 . . .
Memory Errors in the Legal System: The Unreliability of Eyewitness Testimony
Eyewitness testimony is often regarded as a foundational form of evidence and has historically been perceived as one of the strongest, most reliable pieces of evidence one can obtain in a criminal case . . .
Monopolies in the Courts
By Hannah Jiang
America's Gilded Age ushered in an era of unprecedented industrial growth and economic transformation, marked by rapid technological advancements and the rise of industrial empires, especially in the railroad industry. However, beneath the veneer of progress and prosperity lay a stark dichotomy: while a select few amassed staggering wealth . . .
National Security and Freedom of Speech: The Case of TikTok
By Hanrui Huang
Trump’s election is the latest chapter in an ongoing saga between the federal government and TikTok—a legal tug-of-war that reflects deeper tensions between First Amendment rights and national security concerns. Despite the president-elect’s anticipated reversal of an outright TikTok ban, other considerations, such as Trump’s chosen appointment of new FCC chair pick Brendan Carr, a staunch critic . . .
Artificial Intelligence's Intersection with National Security & Warfare
At the unprecedented rate that Artificial Intelligence (AI) is growing, the technology is set to change nearly every field it interacts with. Specifically, AI is becoming increasingly prevalent in various government departments, and if not integrated properly . . .
China’s Rule-By-Law Society
China is not a true rule-of-law society, and its laws, specifically those relating to residents in the country’s rural areas, are arbitrary and unjust. The country is on the lower end of the Rule of Law Index with a score of 0.48, with 0 being the worst and 1 being the best. While the “essence of the rule of law is fairness and impartiality,” China’s legal system has an inquisitorial tradition where the judge acts “almost as a prosecutor” . . .
The Psychological Toll of Decision Making: How Judges’ Rulings are Swayed by Decision Fatigue
Judicial rulings are a cornerstone of the American legal system, often involving decisions that hold the power to shape people’s lives and future opportunities for success. As a foundational piece in achieving justice, these decisions should be made in objective ways that produce fair results. However, decision fatigue, the mental toll associated with making decisions, sways these rulings in arbitrary ways by causing irrelevant factors to play a role in trial outcomes . . .
Blogging Under Siege: Human Rights, Free Press, and Political Retaliation in Lapshin v. Azerbaijan
In an attempt to hide its poor human rights record and authoritarian restraint over its citizens, the Republic of Azerbaijan jails independent and foreign journalists, censoring free press. In many cases, journalists held in Azerbaijan are arbitrarily detained and subsequently tortured. Azerbaijan’s score in the Freedom House index . . .
Greenwashing in the Inflation Reduction Act
With the average surface temperature on Earth up two degrees Fahrenheit–or one degree Celsius–from early nineteenth-century levels, researchers at the National Aeronautics and Space Administration (NASA) deem the scientific evidence of climate change “unequivocal” (NASA 2023). [1] Such rapid warming of the climate and oceans is directly tied to the rampant anthropogenic production of carbon dioxide, methane, and other greenhouse gasses. . .
Leveling the Playing Field: Addressing the Legal Gray Area of University-Collective Interactions in NIL and Title IX Compliance
In the high-stakes arena of collegiate sports, a new player has emerged: Name, Image, and Likeness (NIL) deals. These agreements have revolutionized the landscape of college athletics, allowing student-athletes to monetize their brand for the first time. However, NIL policies have created a complex web of legal and ethical challenges, concerning gender equity and Title IX of the 1972 Education Amendments: the US’s doctrine to prohibit gender-based . . .
Who’s in Charge of Interpretation?
By Hanrui Huang
In a groundbreaking decision last summer, the Supreme Court voted six to two to repeal the Chevron Deference doctrine, a principle that allowed federal regulatory agencies to interpret their powers more broadly in the case of ambiguous statutes. This decision not only has a direct effect on the power of all federal administrative agencies to interpret their own regulatory . . .
Parental Liability: How the Crumbley’s Conviction Marks a New Era in School Shooting Prosecution
School shootings have become a dark, ever-present stain on the American education system. What was once an unheard-of tragedy is now the new normal for many Americans. For the first time in American history, parents have been found responsible for the school shooting their child committed, which could change the trajectory of how the United States prosecutes mass attacks . . .