DLJ Online

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 »

Which Institution Should Determine Whether an Agency’s Explanation of a Tax Decision Is Adequate?: A Response to Steve Johnson

Posted on October 23rd, 2014

Volume 64 October 2014 Which Institution Should Determine Whether an Agency’s Explanation of a Tax Decision Is Adequate?: A Response to Steve Johnson Richard J. Pierce, Jr.††. Lyle T. Alverson Professor of Law, George Washington University. PDF The participants in the 2014 Duke Law Journal Administrative Law Symposium came to three important conclusions. First, the Continue Reading »

What Patent Attorney Fee Awards Really Look Like

Posted on April 6th, 2014

Volume 63 April 2014 WHAT PATENT ATTORNEY FEE AWARDS REALLY LOOK LIKE Saurabh Vishnubhakat††. Postdoctoral Associate, Duke University School of Law; NIH Center for Public Genomics Postdoctoral Associate, Duke Institute for Genome Sciences & Policy; Expert Advisor, United States Patent and Trademark Office. The arguments in this writing are the author’s and should not be Continue Reading »

Emergency Power and Two-Tiered Legality

Posted on December 28th, 2013

A response to Interpreting Presidential Powers by Professor Richard H. Fallon Jr., printed Vol. 63, Issue 2 Volume 63 December 2013 Emergency Power and Two-Tiered Legality Curtis A. Bradley††. William Van Alstyne Professor, Duke University School of Law. For helpful comments and suggestions, I thank Kathryn Bradley, Jack Goldsmith, and Eric Posner. I have had the pleasure Continue Reading »

DLJ Online

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 »

Which Institution Should Determine Whether an Agency’s Explanation of a Tax Decision Is Adequate?: A Response to Steve Johnson

Posted on October 23rd, 2014

Volume 64 October 2014 Which Institution Should Determine Whether an Agency’s Explanation of a Tax Decision Is Adequate?: A Response to Steve Johnson Richard J. Pierce, Jr.††. Lyle T. Alverson Professor of Law, George Washington University. PDF The participants in the 2014 Duke Law Journal Administrative Law Symposium came to three important conclusions. First, the Continue Reading »

What Patent Attorney Fee Awards Really Look Like

Posted on April 6th, 2014

Volume 63 April 2014 WHAT PATENT ATTORNEY FEE AWARDS REALLY LOOK LIKE Saurabh Vishnubhakat††. Postdoctoral Associate, Duke University School of Law; NIH Center for Public Genomics Postdoctoral Associate, Duke Institute for Genome Sciences & Policy; Expert Advisor, United States Patent and Trademark Office. The arguments in this writing are the author’s and should not be Continue Reading »

Emergency Power and Two-Tiered Legality

Posted on December 28th, 2013

A response to Interpreting Presidential Powers by Professor Richard H. Fallon Jr., printed Vol. 63, Issue 2 Volume 63 December 2013 Emergency Power and Two-Tiered Legality Curtis A. Bradley††. William Van Alstyne Professor, Duke University School of Law. For helpful comments and suggestions, I thank Kathryn Bradley, Jack Goldsmith, and Eric Posner. I have had the pleasure Continue Reading »