DLJ Online

DLJ closes submissions for Volume 66

Posted on August 22nd, 2016

Volume 66 (Fall 2016 – Spring 2017) of the Duke Law Journal is filled. Volume 67 will reopen the Journal’s Scholastica submissions box in approximately February 2017. For more information on submissions, please visit our Submissions page.

Chevron Deference and Patent Exceptionalism

Posted on May 19th, 2016

Volume 65 May 2016 Chevron deference and patent EXCEPTIONALISM Christopher J. Walker††. Assistant Professor of Law, Michael E. Moritz College of Law, The Ohio State University. Thanks are due to the Duke Law Journal editors and the Symposium organizer, Melissa Wasserman, for inviting me to participate in this terrific Symposium and to the Symposium participants Continue Reading »

Describing Drugs: A Response to Professors Allison and Ouellette

Posted on March 28th, 2016

Volume 65 March 2016 Describing DRUGS: A Response to Professors Allison and Ouellette Jacob S. Sherkow††. Associate Professor, Innovation Center for Law and Technology, New York Law School. Thank you to the editors of the Duke Law Journal for their thorough and insightful comments on this response. PDF Introduction In their article, How Courts Adjudicate Continue Reading »

Growing Up with Scout and Atticus: Getting from To Kill a Mockingbird Through Go Set a Watchman

Posted on March 14th, 2016

Volume 65 March 2016 GROWING UP WITH SCOUT AND ATTICUS: GETTING FROM TO KILL A MOCKINGBIRD THROUGH GO SET A WATCHMAN Robert E. Atkinson, Jr.††. Greenspoon Marder Professor of Law, Florida State University. Thanks to Alexandra Akre, Florida State University College of Law 2016 with Certificate in Law and Justice, for incomparable research assistance. PDF Continue Reading »

PRIVACY, PUBLIC GOODS, AND THE TRAGEDY OF THE TRUST COMMONS

Posted on February 24th, 2016

Volume 65 February 2016 PRIVACY, PUBLIC GOODS, AND THE TRAGEDY OF THE TRUST COMMONS: A RESPONSE TO PROFESSORS FAIRFIELD AND ENGEL Dennis D. Hirsch††. Professor of Law, Ohio State Moritz College of Law; Faculty Director, Program on Data, Law, Ethics and Policy at Ohio State Moritz College of Law; Professor of Law, Capital University Law Continue Reading »

Response To Privacy as a Public Good

Posted on February 8th, 2016

Volume 65 February 2016 RESPONSE TO PRIVACY AS A PUBLIC GOOD Priscilla M. Regan††. Professor, School of Policy, Government, and International Affairs, George Mason University. PDF Introduction Most of the legal, philosophical, and social-science thinking about privacy emphasizes its value to the individual with less attention to its value to society. Professors Fairfield and Engel Continue Reading »

Implementing Marriage Equality In America

Posted on January 11th, 2016

Volume 65 December 2015 IMPLEMENTING MARRIAGE EQUALITY IN AMERICA Carl Tobias††. Williams Chair in Law, University of Richmond. This piece is for Maggie. Thanks to John Pagan, Peggy Sanner and Katie Lehnen for excellent ideas, Leslee Stone for fine processing as well as Russell Williams and the Hunton Williams Summer Endowment Fund for generous, continuing Continue Reading »

Exotic Addiction

Posted on August 15th, 2015

Volume 65 August 2015 Exotic Addiction Melissa A. Morgan††. Duke University School of Law, J.D. 2015; Pepperdine University, B.A. 2005. PDF Introduction In late 2003, the NYPD responded to an unusual call at a Harlem public housing project. [1][1]. Yates’s story was featured in several news articles, see, e.g., Tiger, gator removed from Harlem apartment, Continue Reading »

“Advice and Consent” in the Appointments Clause: From Another Historical Perspective

Posted on May 25th, 2015

Volume 64 May 2015 “ADVICE AND CONSENT” IN THE APPOINTMENTS CLAUSE: FROM ANOTHER HISTORICAL PERSPECTIVE Steven I. Friedland††. Professor of Law, Senior Scholar, and Director, Center for Engaged Learning in the Law, Elon University School of Law. The author wishes to thank Lisa Watson for her tireless, always cheerful, and helpful assistance. PDF   “Most Continue Reading »

Bringing Politics Back into Recess Appointments (And the Rest of the Separation of Powers, Too)

Posted on May 25th, 2015

Volume 64 May 2015 A FOURTH WAY? BRINGING POLITICS BACK INTO RECESS APPOINTMENTS (AND THE REST OF THE SEPARATION OF POWERS, TOO) Josh Chafetz††. Professor of Law, Cornell Law School. This Response was originally presented at the 2015 Duke Law Journal Administrative Law Symposium, and I am grateful to the Symposium organizers and participants for Continue Reading »

DLJ Online

DLJ closes submissions for Volume 66

Posted on August 22nd, 2016

Volume 66 (Fall 2016 – Spring 2017) of the Duke Law Journal is filled. Volume 67 will reopen the Journal’s Scholastica submissions box in approximately February 2017. For more information on submissions, please visit our Submissions page.

Chevron Deference and Patent Exceptionalism

Posted on May 19th, 2016

Volume 65 May 2016 Chevron deference and patent EXCEPTIONALISM Christopher J. Walker††. Assistant Professor of Law, Michael E. Moritz College of Law, The Ohio State University. Thanks are due to the Duke Law Journal editors and the Symposium organizer, Melissa Wasserman, for inviting me to participate in this terrific Symposium and to the Symposium participants Continue Reading »

Describing Drugs: A Response to Professors Allison and Ouellette

Posted on March 28th, 2016

Volume 65 March 2016 Describing DRUGS: A Response to Professors Allison and Ouellette Jacob S. Sherkow††. Associate Professor, Innovation Center for Law and Technology, New York Law School. Thank you to the editors of the Duke Law Journal for their thorough and insightful comments on this response. PDF Introduction In their article, How Courts Adjudicate Continue Reading »

Growing Up with Scout and Atticus: Getting from To Kill a Mockingbird Through Go Set a Watchman

Posted on March 14th, 2016

Volume 65 March 2016 GROWING UP WITH SCOUT AND ATTICUS: GETTING FROM TO KILL A MOCKINGBIRD THROUGH GO SET A WATCHMAN Robert E. Atkinson, Jr.††. Greenspoon Marder Professor of Law, Florida State University. Thanks to Alexandra Akre, Florida State University College of Law 2016 with Certificate in Law and Justice, for incomparable research assistance. PDF Continue Reading »

PRIVACY, PUBLIC GOODS, AND THE TRAGEDY OF THE TRUST COMMONS

Posted on February 24th, 2016

Volume 65 February 2016 PRIVACY, PUBLIC GOODS, AND THE TRAGEDY OF THE TRUST COMMONS: A RESPONSE TO PROFESSORS FAIRFIELD AND ENGEL Dennis D. Hirsch††. Professor of Law, Ohio State Moritz College of Law; Faculty Director, Program on Data, Law, Ethics and Policy at Ohio State Moritz College of Law; Professor of Law, Capital University Law Continue Reading »

Response To Privacy as a Public Good

Posted on February 8th, 2016

Volume 65 February 2016 RESPONSE TO PRIVACY AS A PUBLIC GOOD Priscilla M. Regan††. Professor, School of Policy, Government, and International Affairs, George Mason University. PDF Introduction Most of the legal, philosophical, and social-science thinking about privacy emphasizes its value to the individual with less attention to its value to society. Professors Fairfield and Engel Continue Reading »

Implementing Marriage Equality In America

Posted on January 11th, 2016

Volume 65 December 2015 IMPLEMENTING MARRIAGE EQUALITY IN AMERICA Carl Tobias††. Williams Chair in Law, University of Richmond. This piece is for Maggie. Thanks to John Pagan, Peggy Sanner and Katie Lehnen for excellent ideas, Leslee Stone for fine processing as well as Russell Williams and the Hunton Williams Summer Endowment Fund for generous, continuing Continue Reading »

Exotic Addiction

Posted on August 15th, 2015

Volume 65 August 2015 Exotic Addiction Melissa A. Morgan††. Duke University School of Law, J.D. 2015; Pepperdine University, B.A. 2005. PDF Introduction In late 2003, the NYPD responded to an unusual call at a Harlem public housing project. [1][1]. Yates’s story was featured in several news articles, see, e.g., Tiger, gator removed from Harlem apartment, Continue Reading »

“Advice and Consent” in the Appointments Clause: From Another Historical Perspective

Posted on May 25th, 2015

Volume 64 May 2015 “ADVICE AND CONSENT” IN THE APPOINTMENTS CLAUSE: FROM ANOTHER HISTORICAL PERSPECTIVE Steven I. Friedland††. Professor of Law, Senior Scholar, and Director, Center for Engaged Learning in the Law, Elon University School of Law. The author wishes to thank Lisa Watson for her tireless, always cheerful, and helpful assistance. PDF   “Most Continue Reading »

Bringing Politics Back into Recess Appointments (And the Rest of the Separation of Powers, Too)

Posted on May 25th, 2015

Volume 64 May 2015 A FOURTH WAY? BRINGING POLITICS BACK INTO RECESS APPOINTMENTS (AND THE REST OF THE SEPARATION OF POWERS, TOO) Josh Chafetz††. Professor of Law, Cornell Law School. This Response was originally presented at the 2015 Duke Law Journal Administrative Law Symposium, and I am grateful to the Symposium organizers and participants for Continue Reading »