DLJ Online

Appendix to Not So Private

Posted on January 13th, 2022

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 »

Probable Cause and Performing “For the People”

Posted on June 1st, 2021

Volume 70 May 2021 Probable Cause and Performing “For the People” Irene Oritseweyinmi Joe†† Assistant Professor of Law, Martin Luther King, Jr. Hall Research Scholar at the University of California at Davis School of Law. Thanks to Ifeoma Ajunwa, Guy-Uriel Charles, Steven Koh, Jasmine Harris, Melissa Murray, Sunita Patel, and the creators/participants in the Duke Continue Reading »

Othering Across Borders

Posted on June 1st, 2021

Volume 70 May 2021 Othering Across Borders Steven Arrigg Koh†† Marianne D. Short and Ray Skowyra Sesquicentennial Assistant Professor of Law, Boston College Law School. The Author is grateful for the helpful contributions of Ifeoma Ajunwa, Guy-Uriel Charles, Cosmas Emeziem, Jasmine Harris, Irene Joe, Harold Hongju Koh, Melissa Murray, and Sunita Patel. The Author is Continue Reading »

Disagreement About Chevron: Is Administrative Law The “Law of Public Administration”?

Posted on January 27th, 2021

Volume 70 February 2021 Disagreement About Chevron: Is Administrative Law The “Law of Public Administration”? Elizabeth Fisher†† Professor of Environmental Law, Faculty of Law and Corpus Christi College, University of Oxford. and Sidney Shapiro†††† Frank U. Fletcher Chair in Administrative Law, Wake Forest University. We would like to thank Mark Aronson and Brian Preston for Continue Reading »

The Combination of Chevron and Political Polarity Has Awful Effects

Posted on January 6th, 2021

Volume 70 February 2021 The Combination of Chevron and Political Polarity Has Awful Effects Richard J. Pierce†† Lyle T. Alverson Professor of Law at George Washington University. J.D. 1972, University of Virginia; B.S. 1965, Lehigh University. PDF PDF Introduction Courts have always given administrative agencies a healthy degree of deference. In 1984, however, the Court Continue Reading »

Optimal Sludge? The Price of Price of Program Integrity

Posted on November 2nd, 2020

Volume 70 November 2020 Optimal Sludge? The Price of Price of Program Integrity Cass R. Sunstein†† Robert Walmsley University Professor, Harvard University. and Julien L. Gosset†††† Class of 2021, Harvard College. We are grateful to Arevik Avedian for help with the survey here and to Rohit Goyal for help with the statistical analysis. The Program Continue Reading »

DLJ Online

Appendix to Not So Private

Posted on January 13th, 2022

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 »

Probable Cause and Performing “For the People”

Posted on June 1st, 2021

Volume 70 May 2021 Probable Cause and Performing “For the People” Irene Oritseweyinmi Joe†† Assistant Professor of Law, Martin Luther King, Jr. Hall Research Scholar at the University of California at Davis School of Law. Thanks to Ifeoma Ajunwa, Guy-Uriel Charles, Steven Koh, Jasmine Harris, Melissa Murray, Sunita Patel, and the creators/participants in the Duke Continue Reading »

Othering Across Borders

Posted on June 1st, 2021

Volume 70 May 2021 Othering Across Borders Steven Arrigg Koh†† Marianne D. Short and Ray Skowyra Sesquicentennial Assistant Professor of Law, Boston College Law School. The Author is grateful for the helpful contributions of Ifeoma Ajunwa, Guy-Uriel Charles, Cosmas Emeziem, Jasmine Harris, Irene Joe, Harold Hongju Koh, Melissa Murray, and Sunita Patel. The Author is Continue Reading »

Disagreement About Chevron: Is Administrative Law The “Law of Public Administration”?

Posted on January 27th, 2021

Volume 70 February 2021 Disagreement About Chevron: Is Administrative Law The “Law of Public Administration”? Elizabeth Fisher†† Professor of Environmental Law, Faculty of Law and Corpus Christi College, University of Oxford. and Sidney Shapiro†††† Frank U. Fletcher Chair in Administrative Law, Wake Forest University. We would like to thank Mark Aronson and Brian Preston for Continue Reading »

The Combination of Chevron and Political Polarity Has Awful Effects

Posted on January 6th, 2021

Volume 70 February 2021 The Combination of Chevron and Political Polarity Has Awful Effects Richard J. Pierce†† Lyle T. Alverson Professor of Law at George Washington University. J.D. 1972, University of Virginia; B.S. 1965, Lehigh University. PDF PDF Introduction Courts have always given administrative agencies a healthy degree of deference. In 1984, however, the Court Continue Reading »

Optimal Sludge? The Price of Price of Program Integrity

Posted on November 2nd, 2020

Volume 70 November 2020 Optimal Sludge? The Price of Price of Program Integrity Cass R. Sunstein†† Robert Walmsley University Professor, Harvard University. and Julien L. Gosset†††† Class of 2021, Harvard College. We are grateful to Arevik Avedian for help with the survey here and to Rohit Goyal for help with the statistical analysis. The Program Continue Reading »