NEW: Profs. Emily Ryo (Duke Law) & @cmlevesque (@KenyonCollege) explore practice of ‘Immigration Detention as Racialised Wealth Extraction’ in “Immigration Detention and Social Harm: The Collateral Impacts of Migrant Incarceration.” (@MichPeterie, 2024) 👉 duke.is/r/rwhc
ALT Immigration Detention as Racialised Wealth Extraction
in Immigration Detention and Social Harm: The Collateral Impacts of Migrant Incarceration 155-174 (Michelle Peterie ed., 2024) (with Christopher Levesque)
This chapter draws on research on the political economy of punishment and original data on US immigrant detainees to explore how the US immigration detention system may function as a predatory social process that extracts wealth from vulnerable immigrant communities of colour least able to afford such losses. Our conceptualisation of US immigration detention as racialised wealth extraction has three key implications for our understanding of immigration detention. First, the word “racialised” draws attention to the ways that the costs of immigration detention are borne disproportionately by communities of colour. Second, the word “wealth” highlights how the harms of immigration detention are multiplicative – rather than additive – in nature and compound over time.
NEW: Duke Law’s Shitong Qiao (@QST85) & Peking U’s Yu Zeng offer a unique mixed-methods look at the formation of neighborhood communities in China’s megacities in “Communities Built on Political Trust: Theory and Evidence from China” (@USJ_online, 2024) 👉 duke.is/6/ddjn
ALT Communities built on political trust: Theory and evidence from China
This study offers a unique mixed-methods investigation on the formation of neighbourhood communities in China’s megacities. We find that the local government helps homeowners overcome prevalent collective action problems and govern themselves more effectively. Neighbourhoods that have established homeowners’ associations (HOAs) enjoy better governing outcomes than those without HOAs, as evidenced by homeowners wielding greater control over neighbourhood affairs, showing heightened respect for democratic principles, and maintaining a stronger sense of community identity. Owing to these positive outcomes, and as compared to their counterparts in neighbourhoods without HOAs, homeowner activists in neighbourhoods with HOAs develop a deeper trust in their local government.
NEW: “The Rise of Private Equity Continuation Funds” by Profs. Yaron Nili (@ynili, Duke Law) & @KobiKastiel (@Harvard_Law) is the first comprehensive study of this emerging practice and major segment of investment activity in the U.S. (@PennLRev, 2024) 👉 duke.is/r/j6rn
ALT ARTICLE THERISEOFPRIVATEEQUITYCONTINUATIONFUNDS KOBI KASTIEL† & YARONNILI†† This Article provides the first comprehensive examination of an emerging practice within the private equity sector: continuation funds. Continuation funds break from the traditional private equity model by allowing sponsors to hold on to assets beyond the typical fund term and, instead of selling the assets to third parties, sell them to their own newly established fund. Lauded by the private equity industry as providing “optionality” to investors by allowing them to cash out or roll over, continuation funds have grown to represent a major segment of investment activity in the United States. Despite their surging popularity among private equity sponsors, they are subject to
Prof. Elisabeth de Fontenay’s new paper argues that the $1.5 trillion private credit market is having negative effects on the economy 🔗 bloom.bg/3TeOe6d
NEW: In “Safe Storage Laws and Self-Defense From Heller to Bruen,” @DukeFirearmsLaw Prof. Joseph Blocher explores one of the most underappreciated—and indefensible—holdings of SCOTUS’ historic case ‘District of Columbia v. Heller.’ (@NCLRev, 2024) 👉 duke.is/w/nsyp
ALT SAFE STORAGE AND SELF-DEFENSE
FROM HELLER TO BRUEN
Joseph Blocher*
INTRODUCTION
The Supreme Court’s landmark decision in District of Columbia v. Heller1
ushered in a new era of Second Amendment jurisprudence and represented what
was at the time a highwater mark of originalism.2 It has spawned close to two
thousand Second Amendment challenges, given rise to a burgeoning field of
scholarly inquiry, and is often presented as one of the first cases students
encounter in constitutional law casebooks—sometimes even before Marbury v.
Madison or McCulloch v. Maryland.
3
Heller was a harbinger both of a strengthened right to keep and bear arms
and of shifts in constitutional method more broadly. Especially after New York
State Rifle and Pistol Association v. Bruen,
4 Second Amendment claims are governed
by a historical-analogical framework that seemingly gives gun rights a unique
form (and perhaps degree) of constitutional protection.
Prof. @NeilScottSiegel’s new book a “wide-ranging, inquisitive, and nuanced” work that “pursue(s) its thesis without losing sight of other foundational legal values” 🔗 bit.ly/4g5dxS2
Kudos to Duke Law’s Brendan Genaw ’26, Timothy Southam ’25 & Lauren Beizer JD/MA ’26 on being selected to take part in the prestigious 2024-2025 Scholars Cohort at the @DukeMargolis Institute for Health Policy. 👏👏 Learn more about Scholars Program healthpolicy.duke.edu/schola….
📺WATCH: @rai_arti, Professor of Law and Faculty Director at @DukeLaw, explains the far-reaching harm caused by brand-name drug companies' patent thickets.
Is teaching in your future? @DukeLawNatSec’s Prof. Charles J. Dunlap Jr. posts advice on moving from JAG or private practice to a career in academia bit.ly/3AJBKNF
This week in @IntEngineering, our Faculty Director Brandon Garrett was featured, discussing how despite scientific advances, a lack of standards and quality controls for crime labs are still problems worldwide. interestingengineering.com/c…
.@DukeFirearmsLaw’s Prof. Joseph Blocher tells The Wall Street Journal (@WSJ) the Supreme Court hasn't yet addressed restrictions on specific guns as challenges to AR-15 bans rise through courts 🔗 on.wsj.com/4cJaLPx
“The court has yet to weigh in squarely on what kinds of guns can be prohibited,” @DukeLaw prof Joseph Blocher, co-director of @DukeFirearmsLaw, says of a potential Supreme Court case on the right to have an AR-15. msn.com/en-us/news/us/do-ame…
WATCH: Interested in a legal career working with children? @Dukecrimdefense’s Lauren Fine ’11 talks with the @ABALitigation on her path to becoming a youth defender and shares advice 🔗 bit.ly/3Mm7J9l
We are delighted to announce that Tyler Kendall has joined the Wilson Center as our new Research Director! Tyler brings extensive experience in research design and administration as well as a deep commitment to social justice. Learn more at wcsj.law.duke.edu/news/tyler…
Prof. @NeilScottSiegel’s latest book argues that the structural purpose of the U.S. Constitution is to empower the federal gov. to solve collective-action problems for the states. The first chapter “Foundations: McCulloch” is free to read until Sept. 2 🔗 bit.ly/3yTeAUC
ALT Siegel smiles for a photo
ALT Now Available on Oxford Academic. The Collective Action Constitution. Neil S. Siegel, Duke Law School
Prof. Stuart Benjamin writes for Volokh Conspiracy (@reason) on the application of federal law and the First Amendment to campaign promises bit.ly/3yW4fqO