DLJ Online

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 »

The Need for a Law of Church and Market

Posted on April 25th, 2015

Volume 64 April 2015 THE NEED FOR A LAW OF CHURCH AND MARKET Nathan B. Oman††. Professor of Law and Robert & Elizabeth Scott Research Professor, William & Mary Law School. I would like to thank Michael Helfand, Paul Horwitz, and Barak Richman for helpful comments on an earlier draft of this Essay. All errors Continue Reading »

Punishing The Poor Through Welfare Reform: Cruel and Unusual?

Posted on March 18th, 2015

Volume 64 March 2015 Punishing the Poor Through Welfare Reform: Cruel and Unusual? Jennifer E.K. Kendrex††. Duke University School of Law, J.D. expected 2015; Colgate University, B.A. 2012. I would like to thank the Duke Law Journal Online Editors and cite-checkers for their work on this Comment. I would also like to thank Professor Carol Continue Reading »

The Divisibility of Crime

Posted on February 17th, 2015

Volume 64 February 2015 The Divisibility of Crime Jessica A. Roth††. Associate Professor of Law, Benjamin N. Cardozo School of Law. PDF   Near the end of the Supreme Court’s 2012-2013 term, the Court decided Descamps v. United States, which concerned the application of the federal Armed Career Criminal Act (ACCA). The ACCA is a Continue Reading »

The Rule of Law as a Law of Standards: Interpreting the Internal Revenue Code

Posted on January 11th, 2015

Volume 64 January 2015 THE RULE OF LAW AS A LAW OF STANDARDS: INTERPRETING THE INTERNAL REVENUE CODE Alice G. Abreu††. James E. Beasley Professor of Law, Temple University’s Beasley School of Law. Richard K. Greenstein††††. Professor of Law, Temple University’s Beasley School of Law. We want to express our deep appreciation to our Temple Continue Reading »

Charting a New Course: Metal-Tech v. Uzbekistan and the Treatment of Corruption in Investment Arbitration

Posted on November 15th, 2014

Volume 64 November 2014 CHARTING A NEW COURSE: METAL-TECH V. UZBEKISTAN AND THE TREATMENT OF CORRUPTION IN INVESTMENT ARBITRATION Michael A. Losco††. Associate, Weil, Gotshal & Manges LLP, Washington, D.C., USA; Duke University School of Law, J.D./LL.M. in International and Comparative Law 2014; Georgetown University, B.A. 2010. The views expressed in this article are those Continue Reading »

Pragmatic Administrative Law and Tax Exceptionalism

Posted on October 23rd, 2014

Volume 64 October 2014 Pragmatic Administrative Law and Tax Exceptionalism Richard Murphy††. AT&T Professor of Law, Texas Tech University School of Law. This essay was written for the 2014 Duke Law Journal Administrative Law Symposium, entitled “Taking Administrative Law to Tax.” Many thanks to the members of that excellent journal for all their work and Continue Reading »

DLJ Online

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 »

The Need for a Law of Church and Market

Posted on April 25th, 2015

Volume 64 April 2015 THE NEED FOR A LAW OF CHURCH AND MARKET Nathan B. Oman††. Professor of Law and Robert & Elizabeth Scott Research Professor, William & Mary Law School. I would like to thank Michael Helfand, Paul Horwitz, and Barak Richman for helpful comments on an earlier draft of this Essay. All errors Continue Reading »

Punishing The Poor Through Welfare Reform: Cruel and Unusual?

Posted on March 18th, 2015

Volume 64 March 2015 Punishing the Poor Through Welfare Reform: Cruel and Unusual? Jennifer E.K. Kendrex††. Duke University School of Law, J.D. expected 2015; Colgate University, B.A. 2012. I would like to thank the Duke Law Journal Online Editors and cite-checkers for their work on this Comment. I would also like to thank Professor Carol Continue Reading »

The Divisibility of Crime

Posted on February 17th, 2015

Volume 64 February 2015 The Divisibility of Crime Jessica A. Roth††. Associate Professor of Law, Benjamin N. Cardozo School of Law. PDF   Near the end of the Supreme Court’s 2012-2013 term, the Court decided Descamps v. United States, which concerned the application of the federal Armed Career Criminal Act (ACCA). The ACCA is a Continue Reading »

The Rule of Law as a Law of Standards: Interpreting the Internal Revenue Code

Posted on January 11th, 2015

Volume 64 January 2015 THE RULE OF LAW AS A LAW OF STANDARDS: INTERPRETING THE INTERNAL REVENUE CODE Alice G. Abreu††. James E. Beasley Professor of Law, Temple University’s Beasley School of Law. Richard K. Greenstein††††. Professor of Law, Temple University’s Beasley School of Law. We want to express our deep appreciation to our Temple Continue Reading »

Charting a New Course: Metal-Tech v. Uzbekistan and the Treatment of Corruption in Investment Arbitration

Posted on November 15th, 2014

Volume 64 November 2014 CHARTING A NEW COURSE: METAL-TECH V. UZBEKISTAN AND THE TREATMENT OF CORRUPTION IN INVESTMENT ARBITRATION Michael A. Losco††. Associate, Weil, Gotshal & Manges LLP, Washington, D.C., USA; Duke University School of Law, J.D./LL.M. in International and Comparative Law 2014; Georgetown University, B.A. 2010. The views expressed in this article are those Continue Reading »

Pragmatic Administrative Law and Tax Exceptionalism

Posted on October 23rd, 2014

Volume 64 October 2014 Pragmatic Administrative Law and Tax Exceptionalism Richard Murphy††. AT&T Professor of Law, Texas Tech University School of Law. This essay was written for the 2014 Duke Law Journal Administrative Law Symposium, entitled “Taking Administrative Law to Tax.” Many thanks to the members of that excellent journal for all their work and Continue Reading »