In an increasingly digital age, the traditional law review has failed to provide utility to its readers in several key ways. As law review articles have increased in length, traditional readers have experienced increasing demands on their time. In addition, the fairly length publication cycle (coupled with annual staff turnover) has made publishing authors’ responses to already-published pieces and timely commentary on current trends and events increasingly difficult.
DLJ Online addresses this problem by providing judges, academics, practitioners, and students with an online supplement to the printed Duke Law Journal that publishes short, lightly-edited responses to the Journal’s printed pieces as well as other timely commentary at the same high level of quality as the print edition. A shorter publication process allows for more timely scholarship.
Short contributions ranging between 2000 and 5000 words above the line will come from two sources: (1) solicitations of judges, academics, and practitioners by members of the Duke Law Journal’s Executive Committee, and (2) unsolicited submissions from judges, academics, practitioners, and students.
Submissions from 2024
Mass Tort Litigation, Chapter 11, and Good Faith: Let Not Perfect Be the Enemy of Pretty, Pretty Good, Lawrence Ponoroff
Historical Analogy and the Role Morality of Reason-Giving, Darrell A. H. Miller
Missing Pieces: Gaps in the Record of Early American Decisional Law, Andrew Willinger
"Just the Facts, Ma'am"? A Response to Professors Blocher and Garrett, Haley N. Proctor
The Precarious Art of Classifying Facts, Allison Orr Larsen
Corpus Linguistics and the Original Public Meaning of the Sixteenth Amendment, Thomas R. Lee, Lawrence B. Solum, James C. Phillips, and Jesse A. Egbert
Submissions from 2023
Looking Backward to Move Forward: Ending the "History and Tradition" of Gun Violence Against the LGBTQ+ Community, Brett V. Ries
All Grown Up: Qualified Immunity, Student Rights, and the Way Forward, Matthew McKnight and Angela Guo
101 Lawyers: Attorney Appearances in Twitter v. Musk, Andrew K. Jennings
Inside the Internet, Nick Merrill and Tejas N. Narechania
Creditors Strike Back: The Return of the Cooperation Agreement, Samir D. Parikh
Gonzalez v. Google: The Case for Protecting "Targeted Recommendations", Tomer Kenneth and Ira Rubinstein
Tax Intelligence, Kathleen Claussen
Murder and Money: The Dark Side of Taylor Swift, Fredrick E. Vars
Misreading Campbell: Lessons from Warhol, Shyamkrishna Balganesh and Peter S. Menell
Submissions from 2022
AI and the Regulatory Paradigm Shift at the FDA, Catherine M. Sharkey and Kevin M. K. Fodouop
The Fracas at the FDIC, Todd Phillips
Jury Nullification in Abortion Prosecutions: An Equilibrium Theory, Peter N. Salib and Guha Krishnamurthi
Antitrust as an Instrument of Democracy, Daniel A. Crane
Cryptocurrency, Legibility, and Taxation, Amanda Parsons
Catchall Policing and the Fourth Amendment, Nirej Sekhon
Dueling Dictionaries and Clashing Corpora, Kevin Tobia
Rattlesnakes, Debt, and ARPA § 1005: The Existential Crisis of American Black Farmers, Maia Foster and P. J. Austin
We Can't Talk About Race Unless We also Talk about Art, Lavinia Liang
Spurious Pedigree of the "Valid-When-Made" Doctrine, Adam J. Levitin
Submissions from 2021
The Supreme Court's Reticent Qualified Immunity Retreat, Katherine Mims Crocker
The Case for Chevron Deference to Immigration Adjudications, Patrick J. Glen
Three Suggestions to Promote New Scholarship From an Outgoing Editor-In-Chief, Christian I. Bale
Neuroscience and the Model Penal Code's Mens Rea Categories, Andreas Kuersten and John D. Medaglia
Othering Across Borders, Steven Arrigg Koh
Probable Cause and Performing "For the People", Irene Oritseweyinmi Joe
Disagreement About Chevron: Is Administrative Law the "Law of Public Administration", Elizabeth Fisher and Sidney Shapiro
The Combination of Chevron and Political Polarity has Awful Effects, Richard J. Pierce
Submissions from 2020
Optimal Sludge? The Price of Program Integrity, Cass R. Sunstein and Julien L. Gosset
Sex-Based Brain Differences and Emotional Harm, Betsy J. Grey
Religious Liberty in a Pandemic, Caroline Mala Corbin
Criminalization of Poverty: Much More to Do, Peter B. Edelman
Kleptocracy BUYOuts?: A Response to Professors Blocher and Gulati, Matthias Goldmann
Court Culture and Criminal Law Reform, Mitali Nagrecha, Sharon Brett, and Colin Doyle
Barricading the Immigration Courts, Jennifer Lee Koh
The Justices’ Forgotten Debuts, Andrew R. Gould
Forensics, Statistics, and Law: Ten Years After “A Path Forward”, Brandon Garrett
Submissions from 2019
The Trajectory of Forensics, Peter Neufeld
The Public Reception of the “Path Forward” Report, Steven Kendall
Statistics and the Impact of the 2009 NAS Report, Karen Kafadar
Forensics at the Federal Level, Sue Ballou
Equal Dignity and Unequal Protection: A Framework for Analyzing Disparate Impact Claims, Kyle P. Nodes
Collateral Damage: Private Merger Lawsuits in the Wake of Section 2’s Contraction, Paul F. Brzyski
Intelligent Design & Egyptian Goddess: A Response To Professors Buccafusco, Lemley & Masur, Sarah Burstein
Boiling Down Boilerplate in M&A Agreements: A Response to Choi, Gulati, & Scott, Robert Anderson and Jeffrey Manns
Does the American Rule Promote Access to Justice? Was that Why it was Adopted?, John Leubsdorf
Submissions from 2018
Data Indicate Second Amendment Underenforcement, David Kopel
What does Puerto Rican Citizenship Mean for Puerto Rico’s Legal Status?, Joseph Blocher and Mitu Gulati
You Can Lead A Horse to Water: Heller and the Future of Second Amendment Scholarship, Eric Ruben and Joseph Blocher
The Constitutional Politics Heller Launched, Michael C. Dorf
Collaborate Construction of a New Legal Field, Ronald F. Wright and Mark A. Hall
Comment on Ruben and Blocher: Too Damn Many Cases, and an Absent Supreme Court, Sanford Levinson
Is the Second Amendment A Second-Class Right?, Adam M. Samaha and Roy Germano
Romanticism Meets Realism in Second Amendment Adjudication, Darrell A. H. Miller
A Close Reading of an Excellent Distant Reading of Heller in the Courts, George A. Mocsary
Quantitative Legal History—Empirics and the Rule of Law in the Antebellum Judiciary, Alfred L. Brophy
Justice and Judgment Among the Whomever: An Anthropological Approach to Judging, John Conley
Evaluating Judges and Judicial Institutions: Reorienting the Perspective, Mitu Gulati, David E. Klein, and David F. Levi
Evaluating Judges, Harris Hartz
Talking Judges, Jack Knight and Mitu Gulati
Diversity, Tenure, and Dissent, Joanna Shepherd
Investigating Judicial Responses to Rules, Emily Sherwin
Distinguishing Causal and Normative Questions in Empirical Studies of Judging, Patrick S. Shin
Devising Rule of Law Baselines: The Next Step in Quantitative Studies of Judging, Brian Z. Tamanaha
Submissions from 2017
Black Hole Apparitions, Lisa Bernstein
Pari Passu Clauses and the Skeuomorph Problem in Contract Law, Douglas G. Baird
Cinderella Sovereignty, Anna Gelpern
Insurance Policies: The Grandparents of Contractual Black Holes, Christopher C. French
Administrative Rights in Institutional Perspective, Eloise Pasachoff
Living Constitutional Theory, Andrew Coan
Sports Betting has an Equal Sovereignty Problem, Ryan M. Rodenberg and John T. Holden
The Asymmetry of Crimes By and Against Police Officers, Monu Bedi
A (Very Thin) Market for Sovereign Control, W. Mark C. Weidemaier
Blocher, Gulati, and Coase: Making or Buying Sovereignty?, Paul B. Stephan
Friendly and Hostile Deals in the Market for Sovereign Control: A Response to Professors Blocher and Gulati, John F. Coyle
Should We Buy Selling Sovereignty?, Stephen Clowney
Submissions from 2016
Determining Classified Evidence’s “Primary Purpose”: The Confrontation Clause and Classified Information After Ohio v. Clark, J. Peter Letteney
Chevron Deference and Patent Exceptionalism, Christopher J. Walker
Describing Drugs: A Response to Professors Allison and Ouellette, Jacob S. Sherkow
Growing Up with Scout and Atticus: Getting from To Kill a Mockingbird Through Go Set a Watchman, Robert E. Atkinson Jr.
Privacy, Public Goods, and the Tragedy of the Trust Commons: A Response to Professors Fairfield and Engel, Dennis D. Hirsch
Response to Privacy as a Public Good, Priscilla M. Regan
Submissions from 2015
Implementing Marriage Equality in America, Carl Tobias
Exotic Addiction, Melissa A. Morgan
A Fourth Way? Bringing Politics Back Into Recess Appointments (And the Rest of the Separation of Powers, Too), Josh Chafetz
“Advice and Consent” In the Appointments Clause: From Another Historical Perspective, Steven I. Friedland
The Need for a Law of Church and Market, Nathan B. Oman
Punishing the Poor Through Welfare Reform: Cruel and Unusual?, Jennifer E.K. Kendrex
The Divisibility of Crime, Jessica A. Roth
The Rule of Law as a Law of Standards: Interpreting the Internal Revenue Code, Alice G. Abreu and Richard K. Greenstein
Submissions from 2014
Charting a New Course: Metal-Tech v. Uzbekistan and the Treatment of Corruption in Investment Arbitration, Michael A. Losco
Pragmatic Administrative Law and Tax Exceptionalism, Richard Murphy
Which Institution Should Determine Whether an Agency’s Explanation of a Tax Decision is Adequate?: A Response to Steve Johnson, Richard J. Pierce Jr
What Patent Attorney Fee Awards Really Look Like, Saurabh Vishnubhakat