DLJ Online

Rattlesnakes, Debt, and ARPA § 1005: The Existential Crisis of American Black Farmers

Posted on June 3rd, 2022

Volume 71 June 2022 Rattlesnakes, Debt, and ARPA § 1005: The Existential Crisis of American Black Farmers Maia Foster†† Duke University School of Law, J.D. expected 2023; University of Virginia, B.A. 2017. I am especially grateful to my coauthor P.J. Austin, without whom I would not have written this essay. I also thank the Duke Continue Reading »

Dueling Dictionaries and Clashing Corpora

Posted on May 29th, 2022

Volume 71 May 2022 Dueling Dictionaries and Clashing Corpora Kevin Tobia†† Associate Professor of Law, Georgetown University Law Center. This essay originated from a conference on Corpus Linguistics and the Second Amendment, at the Duke Center for Firearms Law. Thanks to Joseph Blocher, Jacob Charles, and Darrell Miller for the invitation and to the co-panelists Continue Reading »

We Can’t Talk About Race Unless We Also Talk About Art

Posted on May 16th, 2022

Volume 71 May 2022 We Can’t Talk About Race Unless We Also Talk About Art Lavinia Liang†† Duke University School of Law, J.D. expected 2024; Princeton University, A.B. 2018. Thank you to Alan Patten, Howard Harrison and Gabrielle Snyder Beck Professor of Politics and Chair of the Department of Politics at Princeton University, under whose Continue Reading »

Catchall Policing and the Fourth Amendment

Posted on May 4th, 2022

Volume 71 May 2022 Catchall Policing and the Fourth Amendment Nirej Sekhon†† Professor of Law, Georgia State University. Thanks to Russ Covey, Caren Morrison, Jonathan Todres, and Deepa Varadarajan for comments on earlier versions of this Article. Thanks also to Chorong Song and Isabel Gao for meticulous editing. PDF PDF Abstract American police do a Continue Reading »

Spurious Pedigree of the “Valid-When-Made” Doctrine

Posted on February 11th, 2022

Volume 71 February 2022 SPURIOUS PEDIGREE OF THE “VALID-WHEN-MADE” DOCTRINE Adam J. Levitin †† Anne Fleming Research Professor & Professor of Law, Georgetown University Law Center. This Article is based in part on Congressional testimony before the House Financial Services Committee and House Small Business Committee on rent-a-banks and on an amicus brief submitted in Continue Reading »

Appendix to Not So Private

Posted on January 13th, 2022

PDF

Neuroscience and the Model Penal Code’s Mens Rea Categories

Posted on October 24th, 2021

Volume 71 October 2021 NEUROSCIENCE AND THE MODEL PENAL CODE’S MENS REA CATEGORIES Andreas Kuersten & John D. Medaglia †† Andreas Kuersten is Visiting Researcher with the Neuroethics Studies Program at Georgetown University Medical Center’s Center for Clinical Bioethics; John D. Medaglia is Assistant Professor of Psychology and Neurology at Drexel University and Adjunct Assistant Continue Reading »

The Case For Chevron Deference To Immigration Adjudications

Posted on October 8th, 2021

Volume 71 October 2021 THE CASE FOR CHEVRON DEFERENCE TO IMMIGRATION ADJUDICATIONS Patrick J. Glen †† Adjunct Professor of Law, Georgetown University Law Center; Senior Litigation Counsel, United States Department of Justice, Civil Division, Office of Immigration Litigation. The author would like to thank Chris Walker and Smita Ghosh for their helpful comments on an Continue Reading »

Three Suggestions to Promote New Scholarship from an Outgoing Editor-in-Chief

Posted on October 7th, 2021

Volume 71 October 2021 Three Suggestions to Promote New Scholarship from an Outgoing Editor-in-Chief Christian I. Bale †† The views expressed in this essay are mine alone and should not be attributed to the Duke Law Journal. I would like to thank Jessica Richie and Daniel McMahon for helpful comments. I must also thank the Continue Reading »

The Supreme Court’s Reticent Qualified Immunity Retreat

Posted on September 24th, 2021

Volume 71 September 2021 The Supreme Court’s Reticent Qualified Immunity Retreat Katherine Mims Crocker †† Assistant Professor of Law, William & Mary Law School. For thoughtful guidance and feedback, thank you to Will Baude, Brandon Hasbrouck, Alli Orr Larsen, Colin Miller, Bill Mims, and Joanna Schwartz. For tireless and skillful research assistance, thank you to Continue Reading »

DLJ Online

Rattlesnakes, Debt, and ARPA § 1005: The Existential Crisis of American Black Farmers

Posted on June 3rd, 2022

Volume 71 June 2022 Rattlesnakes, Debt, and ARPA § 1005: The Existential Crisis of American Black Farmers Maia Foster†† Duke University School of Law, J.D. expected 2023; University of Virginia, B.A. 2017. I am especially grateful to my coauthor P.J. Austin, without whom I would not have written this essay. I also thank the Duke Continue Reading »

Dueling Dictionaries and Clashing Corpora

Posted on May 29th, 2022

Volume 71 May 2022 Dueling Dictionaries and Clashing Corpora Kevin Tobia†† Associate Professor of Law, Georgetown University Law Center. This essay originated from a conference on Corpus Linguistics and the Second Amendment, at the Duke Center for Firearms Law. Thanks to Joseph Blocher, Jacob Charles, and Darrell Miller for the invitation and to the co-panelists Continue Reading »

We Can’t Talk About Race Unless We Also Talk About Art

Posted on May 16th, 2022

Volume 71 May 2022 We Can’t Talk About Race Unless We Also Talk About Art Lavinia Liang†† Duke University School of Law, J.D. expected 2024; Princeton University, A.B. 2018. Thank you to Alan Patten, Howard Harrison and Gabrielle Snyder Beck Professor of Politics and Chair of the Department of Politics at Princeton University, under whose Continue Reading »

Catchall Policing and the Fourth Amendment

Posted on May 4th, 2022

Volume 71 May 2022 Catchall Policing and the Fourth Amendment Nirej Sekhon†† Professor of Law, Georgia State University. Thanks to Russ Covey, Caren Morrison, Jonathan Todres, and Deepa Varadarajan for comments on earlier versions of this Article. Thanks also to Chorong Song and Isabel Gao for meticulous editing. PDF PDF Abstract American police do a Continue Reading »

Spurious Pedigree of the “Valid-When-Made” Doctrine

Posted on February 11th, 2022

Volume 71 February 2022 SPURIOUS PEDIGREE OF THE “VALID-WHEN-MADE” DOCTRINE Adam J. Levitin †† Anne Fleming Research Professor & Professor of Law, Georgetown University Law Center. This Article is based in part on Congressional testimony before the House Financial Services Committee and House Small Business Committee on rent-a-banks and on an amicus brief submitted in Continue Reading »

Appendix to Not So Private

Posted on January 13th, 2022

PDF

Neuroscience and the Model Penal Code’s Mens Rea Categories

Posted on October 24th, 2021

Volume 71 October 2021 NEUROSCIENCE AND THE MODEL PENAL CODE’S MENS REA CATEGORIES Andreas Kuersten & John D. Medaglia †† Andreas Kuersten is Visiting Researcher with the Neuroethics Studies Program at Georgetown University Medical Center’s Center for Clinical Bioethics; John D. Medaglia is Assistant Professor of Psychology and Neurology at Drexel University and Adjunct Assistant Continue Reading »

The Case For Chevron Deference To Immigration Adjudications

Posted on October 8th, 2021

Volume 71 October 2021 THE CASE FOR CHEVRON DEFERENCE TO IMMIGRATION ADJUDICATIONS Patrick J. Glen †† Adjunct Professor of Law, Georgetown University Law Center; Senior Litigation Counsel, United States Department of Justice, Civil Division, Office of Immigration Litigation. The author would like to thank Chris Walker and Smita Ghosh for their helpful comments on an Continue Reading »

Three Suggestions to Promote New Scholarship from an Outgoing Editor-in-Chief

Posted on October 7th, 2021

Volume 71 October 2021 Three Suggestions to Promote New Scholarship from an Outgoing Editor-in-Chief Christian I. Bale †† The views expressed in this essay are mine alone and should not be attributed to the Duke Law Journal. I would like to thank Jessica Richie and Daniel McMahon for helpful comments. I must also thank the Continue Reading »

The Supreme Court’s Reticent Qualified Immunity Retreat

Posted on September 24th, 2021

Volume 71 September 2021 The Supreme Court’s Reticent Qualified Immunity Retreat Katherine Mims Crocker †† Assistant Professor of Law, William & Mary Law School. For thoughtful guidance and feedback, thank you to Will Baude, Brandon Hasbrouck, Alli Orr Larsen, Colin Miller, Bill Mims, and Joanna Schwartz. For tireless and skillful research assistance, thank you to Continue Reading »