DLJ Online

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 »

Blocher, Gulati, and Coase: Making or Buying Sovereignty?

Posted on January 31st, 2017

Volume 66 January 2017 Blocher, Gulati, and Coase: Making or Buying Sovereignty? Paul B. Stephan††. John C. Jeffries, Jr., Distinguished Professor of Law and John V. Ray Research Professor, University of Virginia. PDF Blocher and Gulati’s wonderful and challenging thought experiment brings to mind one of the most influential articles in legal scholarship, Ronald Coase’s Continue Reading »

Friendly and Hostile Deals in the Market for Sovereign Control: A Response to Professors Blocher and Gulati

Posted on January 31st, 2017

Volume 66 January 2017 Friendly and Hostile Deals in the Market for Sovereign Control: A Response to Professors Blocher and Gulati John F. Coyle††. Associate Professor of Law, University of North Carolina at Chapel Hill. PDF Introduction In their wide-ranging and thought-provoking article, A Market for Sovereign Control, Joseph Blocher and Mitu Gulati argue that Continue Reading »

Should We Buy Selling Sovereignty?

Posted on January 31st, 2017

Volume 66 January 2017 Should We Buy Selling Sovereignty? Stephen Clowney††. Professor of Law, University of Arkansas School of Law. PDF Introduction In 2016, refugees poured across international borders in record numbers. [1][1]. “The Syrian refugee crisis is the largest refugee crisis since the Second World War.” E. Tendayi Achiume, Syria, Cost-Sharing, and the Responsibility Continue Reading »

Determining Classified Evidence’s “Primary Purpose”: The Confrontation Clause and Classified Information After Ohio v. Clark

Posted on November 14th, 2016

Volume 66 November 2016 Determining Classified Evidence’s “Primary Purpose”: The Confrontation Clause and Classified Information After Ohio v. Clark J. Peter Letteney††. Duke University School of Law, J.D. 2016; University of Pennsylvania, M.S.Ed 2009; University of Delaware, B.A. 2008. I would like to thank Professor Christopher Schroeder for his help and advice during the preparation Continue Reading »

DLJ Online

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 »

Blocher, Gulati, and Coase: Making or Buying Sovereignty?

Posted on January 31st, 2017

Volume 66 January 2017 Blocher, Gulati, and Coase: Making or Buying Sovereignty? Paul B. Stephan††. John C. Jeffries, Jr., Distinguished Professor of Law and John V. Ray Research Professor, University of Virginia. PDF Blocher and Gulati’s wonderful and challenging thought experiment brings to mind one of the most influential articles in legal scholarship, Ronald Coase’s Continue Reading »

Friendly and Hostile Deals in the Market for Sovereign Control: A Response to Professors Blocher and Gulati

Posted on January 31st, 2017

Volume 66 January 2017 Friendly and Hostile Deals in the Market for Sovereign Control: A Response to Professors Blocher and Gulati John F. Coyle††. Associate Professor of Law, University of North Carolina at Chapel Hill. PDF Introduction In their wide-ranging and thought-provoking article, A Market for Sovereign Control, Joseph Blocher and Mitu Gulati argue that Continue Reading »

Should We Buy Selling Sovereignty?

Posted on January 31st, 2017

Volume 66 January 2017 Should We Buy Selling Sovereignty? Stephen Clowney††. Professor of Law, University of Arkansas School of Law. PDF Introduction In 2016, refugees poured across international borders in record numbers. [1][1]. “The Syrian refugee crisis is the largest refugee crisis since the Second World War.” E. Tendayi Achiume, Syria, Cost-Sharing, and the Responsibility Continue Reading »

Determining Classified Evidence’s “Primary Purpose”: The Confrontation Clause and Classified Information After Ohio v. Clark

Posted on November 14th, 2016

Volume 66 November 2016 Determining Classified Evidence’s “Primary Purpose”: The Confrontation Clause and Classified Information After Ohio v. Clark J. Peter Letteney††. Duke University School of Law, J.D. 2016; University of Pennsylvania, M.S.Ed 2009; University of Delaware, B.A. 2008. I would like to thank Professor Christopher Schroeder for his help and advice during the preparation Continue Reading »