DLJ Online

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 »

Sex-Based Brain Differences and Emotional Harm

Posted on October 23rd, 2020

Volume 70 October 2020 Sex-Based Brain Differences and Emotional Harm Betsy J. Grey†† Jack E. Brown Chair in Law at Arizona State University’s Sandra Day O’Connor College of Law. I am grateful to Bob Dauber, Karen Bradshaw, Charles Calleros, Zachary Kramer, Joel Nomkin, and Joshua Sellers for reading earlier drafts of this Article and providing Continue Reading »

Religious Liberty in a Pandemic

Posted on September 7th, 2020

Volume 70 September 2020 Religious Liberty in a Pandemic Caroline Mala Corbin†† Professor of Law & Dean’s Distinguished Scholar, University of Miami School of Law. I would like to thank Jessie Hill and Michael Cheah for helpful comments. I also must thank the amazing team at the Duke Law Journal, especially Scotty Schenck and Lauren Continue Reading »

Court Culture and Criminal Law Reform

Posted on April 13th, 2020

  Volume 69 April 2020 Court Culture and Criminal Law Reform Mitali Nagrecha, Sharon Brett & Colin Doyle†† Mitali Nagrecha is the Director of the National Criminal Justice Debt Initiative, a project of Harvard Law School’s Criminal Justice Policy Program (“CJPP”). Sharon Brett is a Senior Staff Attorney and Colin Doyle is a Staff Attorney Continue Reading »

Criminalization of Poverty: Much More to Do

Posted on April 12th, 2020

Volume 69 April 2020 Criminalization of Poverty: Much More to Do Peter B. Edelman†† Carmack Waterhouse Professor of Law and Policy, Georgetown Law Center. Thanks go to my research assistant, Brit Vanneman, for her superb help, as always. PDF PDF The politics of mass incarceration have changed. Multiple candidates running for President in 2020 called Continue Reading »

Kleptocracy Buyouts?: A Response to Professors Blocher and Gulati

Posted on April 12th, 2020

  Volume 69 April 2020 Kleptocracy Buyouts?: A Response to Professors Blocher and Gulati Matthias Goldmann†† Senior Research Fellow, Max Planck Institute. PDF PDF Joseph Blocher and Mitu Gulati’s article, Transferable Sovereignty: Lessons from the History of the Congo Free State, [1][1]. Joseph Blocher & Mitu Gulati, Transferable Sovereignty: Lessons from the History of the Continue Reading »

Barricading the Immigration Courts

Posted on February 25th, 2020

  Volume 69 February 2020 Barricading the Immigration Courts Jennifer Lee Koh†† Visiting Professor of Law, UC Irvine School of Law, 2019–20. J.D. Columbia Law School, B.A., Yale University. I am grateful to Katherine Evans, Michael Kagan, Catherine Kim, and Fatma Marouf for feedback on earlier drafts and to Jordan Lowery for research assistance. PDF Continue Reading »

The Justices’ Forgotten Debuts

Posted on February 21st, 2020

  Volume 69 February 2020 The Justices’ Forgotten Debuts Andrew R. Gould†† Andrew Gould is an Assistant United States Attorney in the Appellate Division of the U.S. Attorney’s Office for the Southern District of Texas. The views expressed in this essay are his own. Many thanks to Vanderbilt University Law School, and Tracey George in Continue Reading »

DLJ Online

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 »

Sex-Based Brain Differences and Emotional Harm

Posted on October 23rd, 2020

Volume 70 October 2020 Sex-Based Brain Differences and Emotional Harm Betsy J. Grey†† Jack E. Brown Chair in Law at Arizona State University’s Sandra Day O’Connor College of Law. I am grateful to Bob Dauber, Karen Bradshaw, Charles Calleros, Zachary Kramer, Joel Nomkin, and Joshua Sellers for reading earlier drafts of this Article and providing Continue Reading »

Religious Liberty in a Pandemic

Posted on September 7th, 2020

Volume 70 September 2020 Religious Liberty in a Pandemic Caroline Mala Corbin†† Professor of Law & Dean’s Distinguished Scholar, University of Miami School of Law. I would like to thank Jessie Hill and Michael Cheah for helpful comments. I also must thank the amazing team at the Duke Law Journal, especially Scotty Schenck and Lauren Continue Reading »

Court Culture and Criminal Law Reform

Posted on April 13th, 2020

  Volume 69 April 2020 Court Culture and Criminal Law Reform Mitali Nagrecha, Sharon Brett & Colin Doyle†† Mitali Nagrecha is the Director of the National Criminal Justice Debt Initiative, a project of Harvard Law School’s Criminal Justice Policy Program (“CJPP”). Sharon Brett is a Senior Staff Attorney and Colin Doyle is a Staff Attorney Continue Reading »

Criminalization of Poverty: Much More to Do

Posted on April 12th, 2020

Volume 69 April 2020 Criminalization of Poverty: Much More to Do Peter B. Edelman†† Carmack Waterhouse Professor of Law and Policy, Georgetown Law Center. Thanks go to my research assistant, Brit Vanneman, for her superb help, as always. PDF PDF The politics of mass incarceration have changed. Multiple candidates running for President in 2020 called Continue Reading »

Kleptocracy Buyouts?: A Response to Professors Blocher and Gulati

Posted on April 12th, 2020

  Volume 69 April 2020 Kleptocracy Buyouts?: A Response to Professors Blocher and Gulati Matthias Goldmann†† Senior Research Fellow, Max Planck Institute. PDF PDF Joseph Blocher and Mitu Gulati’s article, Transferable Sovereignty: Lessons from the History of the Congo Free State, [1][1]. Joseph Blocher & Mitu Gulati, Transferable Sovereignty: Lessons from the History of the Continue Reading »

Barricading the Immigration Courts

Posted on February 25th, 2020

  Volume 69 February 2020 Barricading the Immigration Courts Jennifer Lee Koh†† Visiting Professor of Law, UC Irvine School of Law, 2019–20. J.D. Columbia Law School, B.A., Yale University. I am grateful to Katherine Evans, Michael Kagan, Catherine Kim, and Fatma Marouf for feedback on earlier drafts and to Jordan Lowery for research assistance. PDF Continue Reading »

The Justices’ Forgotten Debuts

Posted on February 21st, 2020

  Volume 69 February 2020 The Justices’ Forgotten Debuts Andrew R. Gould†† Andrew Gould is an Assistant United States Attorney in the Appellate Division of the U.S. Attorney’s Office for the Southern District of Texas. The views expressed in this essay are his own. Many thanks to Vanderbilt University Law School, and Tracey George in Continue Reading »