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Full-Text Articles in Law
Optimal Sludge? The Price Of Program Integrity, Cass R. Sunstein, Julien L. Gosset
Optimal Sludge? The Price Of Program Integrity, Cass R. Sunstein, Julien L. Gosset
Duke Law Journal Online
Public officials often impose eligibility requirements for government programs that have two effects: (1) They screen out ineligible people and (2) they screen out eligible people. Consisting of paperwork requirements, interviews, waiting periods, and administrative burdens, such requirements are sometimes characterized as “sludge,” and for some eligible people, they might prove overwhelming or prohibitive. In these circumstances, there is a pervasive normative issue: What is the optimal tradeoff between the screening out of ineligible people and the screening out of eligible people? It is plausible to think that a great deal depends on numbers. If, for example, the number of …
Sex-Based Brain Differences And Emotional Harm, Betsy J. Grey
Sex-Based Brain Differences And Emotional Harm, Betsy J. Grey
Duke Law Journal Online
Technological advances have allowed neuroscientists to identify brain differences between women and men, which may lead to explanations for sex-biased population differences in behavior and brain-based disorders. Although the research is at its early stages, this is an appropriate time to examine some of the potential legal implications of these findings. This Article examines that question in the context of tort law, especially how scientific findings may affect the use of the reasonable person standard in emotional injury claims. Specifically, studies suggest that there may be distinct sex-based mechanisms involved in reactions to extreme stress, raising the question of whether …
Religious Liberty In A Pandemic, Caroline Mala Corbin
Religious Liberty In A Pandemic, Caroline Mala Corbin
Duke Law Journal Online
The coronavirus pandemic caused an unprecedented shutdown of the United States. The stay-at-home orders issued by most states typically banned large gatherings of any kind, including religious services. Churches sued, arguing that these bans violated their religious liberty rights by treating worship services more strictly than analogous activities that were not banned, such as shopping at a liquor store or superstore. This Essay examines these claims, concluding that the constitutionality of the bans turns on the science of how the pathogen spreads, and that the best available scientific evidence supports the mass gathering bans.
Kleptocracy Buyouts?: A Response To Professors Blocher And Gulati, Matthias Goldmann
Kleptocracy Buyouts?: A Response To Professors Blocher And Gulati, Matthias Goldmann
Duke Law Journal Online
No abstract provided.
Court Culture And Criminal Law Reform, Mitali Nagrecha, Sharon Brett, Colin Doyle
Court Culture And Criminal Law Reform, Mitali Nagrecha, Sharon Brett, Colin Doyle
Duke Law Journal Online
No abstract provided.
Criminalization Of Poverty: Much More To Do, Peter B. Edelman
Criminalization Of Poverty: Much More To Do, Peter B. Edelman
Duke Law Journal Online
No abstract provided.
Barricading The Immigration Courts, Jennifer Lee Koh
Barricading The Immigration Courts, Jennifer Lee Koh
Duke Law Journal Online
No abstract provided.
The Justices’ Forgotten Debuts, Andrew R. Gould
The Justices’ Forgotten Debuts, Andrew R. Gould
Duke Law Journal Online
No abstract provided.
Forensics, Statistics, And Law: Ten Years After “A Path Forward”, Brandon Garrett
Forensics, Statistics, And Law: Ten Years After “A Path Forward”, Brandon Garrett
Duke Law Journal Online
No abstract provided.