DLJ Online

Black Hole Apparitions

Posted on December 19th, 2017

Volume 67 December 2017 Black Hole Apparitions Lisa Bernstein††. Wilson-Dickinson Professor of Law and Aaron Director Research Scholar, The University of Chicago Law School, and International Research Fellow, Center for Corporate Reputation, Said School of Business, University of Oxford. I would like to thank Douglas Baird, Patrick Barry, Edward Bernstein, Brian Bix, Sadie Blanchard, Robin Continue Reading »

Pari Passu Clauses and the Skeumorph Problem in Contract Law

Posted on December 19th, 2017

Volume 67 December 2017 Pari Passu Clauses and the Skeuomorph Problem in Contract Law Douglas G. Baird††. Harry A. Bigelow Distinguished Service Professor, University of Chicago Law School. I thank Brent Yarnell for valuable research assistance, and I am particularly grateful to Mitu Gulati for his characteristically gracious and thoughtful comments. The Frank Greenberg Fund Continue Reading »

Cinderella Sovereignty

Posted on November 22nd, 2017

Volume 67 November 2017 CInderella Sovereignty Anna Gelpern††. Professor, Georgetown University Law Center. I am grateful to Joseph Blocher and Mitu Gulati for encouraging this thought experiment and for their helpful comments, and to Samuel Bolam, Alexander Dunn, Alexander Severance, and Emma Chapman for excellent research assistance. I owe special thanks to Marylin Raisch of Continue Reading »

Insurance Policies: The Granparents of Contractual Black Holes

Posted on November 22nd, 2017

Volume 67 November 2017 INSURANCE POLICIES: THE GRANDPARENTS OF CONTRACTUAL BLACK HOLES CHRISTOPHER C. FRENCH††. Christopher C. French is a Professor of Practice at Penn State Law School; J.D., Harvard Law School; B.A., Columbia University. PDF Introduction In their recent article, The Black Hole Problem in Commercial Boilerplate, [1][1]. Stephen J. Choi, Mitu Gulati & Continue Reading »

DLJ closes submissions for Volume 67

Posted on August 17th, 2017

Volume 67 (Fall 2017 – Spring 2018) of the Duke Law Journal is filled. Volume 68 will reopen the Journal’s Scholastica submissions box in approximately February 2018. For more information on submissions, please visit our Submissions page.

Administrative Rights in Institutional Perspective

Posted on August 3rd, 2017

Volume 66 August 2017 Administrative Rights in Institutional Perspective Eloise Pasachoff††. Professor of Law, Georgetown University Law Center. Thanks to the organizers of and participants in the 2017 Duke Law Journal Administrative Law Symposium for an enriching and engaging set of conversations; to Karen Tani, for providing this opportunity to respond to her important work; Continue Reading »

Living Constitutional Theory

Posted on June 29th, 2017

Volume 66 June 2017 Living Constitutional Theory Andrew Coan††. Professor of Law, University of Arizona, James E. Rogers College of Law. For helpful comments, I thank Howie Erlanger, Toni Massaro, and David Schwartz. PDF Introduction Recent work has questioned the dichotomy between living constitutionalism and originalism on the ground that our understanding of what is Continue Reading »

Sports Betting Has an Equal Sovereignty Problem

Posted on June 22nd, 2017

Volume 67 June 2017 Sports Betting Has an Equal Sovereignty Problem Ryan M. Rodenberg††. Associate Professor, Florida State University. John T. Holden††††.Visiting Scholar, Florida State University. PDF Introduction Professor Thomas B. Colby’s In Defense of the Equal Sovereignty Principle comprehensively examines the underpinnings of the Supreme Court’s landmark Shelby County v. Holder [1][1]. Shelby Cty. Continue Reading »

The Asymmetry of Crimes By and Against Police Officers

Posted on June 12th, 2017

Volume 66 May 2017 The Asymmetry of Crimes By and Against Police Officers Monu Bedi††. Associate Professor, DePaul University College of Law. J.D. Harvard University, M.Phil. University of Cambridge, A.B. Dartmouth College. I would like to thank the editors of the Duke Law Journal for their excellent editing and feedback on earlier drafts. PDF Introduction Continue Reading »

A (Very Thin) Market for Sovereign Control

Posted on January 31st, 2017

Volume 66 January 2017 A (Very Thin) Market for Sovereign Control W. Mark C. Weidemaier††. Associate Professor and Ralph M. Stockton, Jr. Distinguished Scholar, University of North Carolina School of Law. Thanks to John Coyle for helpful discussion of prior drafts. PDF These days, most states are franchulates . . . much too small to Continue Reading »

DLJ Online

Black Hole Apparitions

Posted on December 19th, 2017

Volume 67 December 2017 Black Hole Apparitions Lisa Bernstein††. Wilson-Dickinson Professor of Law and Aaron Director Research Scholar, The University of Chicago Law School, and International Research Fellow, Center for Corporate Reputation, Said School of Business, University of Oxford. I would like to thank Douglas Baird, Patrick Barry, Edward Bernstein, Brian Bix, Sadie Blanchard, Robin Continue Reading »

Pari Passu Clauses and the Skeumorph Problem in Contract Law

Posted on December 19th, 2017

Volume 67 December 2017 Pari Passu Clauses and the Skeuomorph Problem in Contract Law Douglas G. Baird††. Harry A. Bigelow Distinguished Service Professor, University of Chicago Law School. I thank Brent Yarnell for valuable research assistance, and I am particularly grateful to Mitu Gulati for his characteristically gracious and thoughtful comments. The Frank Greenberg Fund Continue Reading »

Cinderella Sovereignty

Posted on November 22nd, 2017

Volume 67 November 2017 CInderella Sovereignty Anna Gelpern††. Professor, Georgetown University Law Center. I am grateful to Joseph Blocher and Mitu Gulati for encouraging this thought experiment and for their helpful comments, and to Samuel Bolam, Alexander Dunn, Alexander Severance, and Emma Chapman for excellent research assistance. I owe special thanks to Marylin Raisch of Continue Reading »

Insurance Policies: The Granparents of Contractual Black Holes

Posted on November 22nd, 2017

Volume 67 November 2017 INSURANCE POLICIES: THE GRANDPARENTS OF CONTRACTUAL BLACK HOLES CHRISTOPHER C. FRENCH††. Christopher C. French is a Professor of Practice at Penn State Law School; J.D., Harvard Law School; B.A., Columbia University. PDF Introduction In their recent article, The Black Hole Problem in Commercial Boilerplate, [1][1]. Stephen J. Choi, Mitu Gulati & Continue Reading »

DLJ closes submissions for Volume 67

Posted on August 17th, 2017

Volume 67 (Fall 2017 – Spring 2018) of the Duke Law Journal is filled. Volume 68 will reopen the Journal’s Scholastica submissions box in approximately February 2018. For more information on submissions, please visit our Submissions page.

Administrative Rights in Institutional Perspective

Posted on August 3rd, 2017

Volume 66 August 2017 Administrative Rights in Institutional Perspective Eloise Pasachoff††. Professor of Law, Georgetown University Law Center. Thanks to the organizers of and participants in the 2017 Duke Law Journal Administrative Law Symposium for an enriching and engaging set of conversations; to Karen Tani, for providing this opportunity to respond to her important work; Continue Reading »

Living Constitutional Theory

Posted on June 29th, 2017

Volume 66 June 2017 Living Constitutional Theory Andrew Coan††. Professor of Law, University of Arizona, James E. Rogers College of Law. For helpful comments, I thank Howie Erlanger, Toni Massaro, and David Schwartz. PDF Introduction Recent work has questioned the dichotomy between living constitutionalism and originalism on the ground that our understanding of what is Continue Reading »

Sports Betting Has an Equal Sovereignty Problem

Posted on June 22nd, 2017

Volume 67 June 2017 Sports Betting Has an Equal Sovereignty Problem Ryan M. Rodenberg††. Associate Professor, Florida State University. John T. Holden††††.Visiting Scholar, Florida State University. PDF Introduction Professor Thomas B. Colby’s In Defense of the Equal Sovereignty Principle comprehensively examines the underpinnings of the Supreme Court’s landmark Shelby County v. Holder [1][1]. Shelby Cty. Continue Reading »

The Asymmetry of Crimes By and Against Police Officers

Posted on June 12th, 2017

Volume 66 May 2017 The Asymmetry of Crimes By and Against Police Officers Monu Bedi††. Associate Professor, DePaul University College of Law. J.D. Harvard University, M.Phil. University of Cambridge, A.B. Dartmouth College. I would like to thank the editors of the Duke Law Journal for their excellent editing and feedback on earlier drafts. PDF Introduction Continue Reading »

A (Very Thin) Market for Sovereign Control

Posted on January 31st, 2017

Volume 66 January 2017 A (Very Thin) Market for Sovereign Control W. Mark C. Weidemaier††. Associate Professor and Ralph M. Stockton, Jr. Distinguished Scholar, University of North Carolina School of Law. Thanks to John Coyle for helpful discussion of prior drafts. PDF These days, most states are franchulates . . . much too small to Continue Reading »