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The Case For Chevron Deference To Immigration Adjudications, Patrick J. Glen
The Case For Chevron Deference To Immigration Adjudications, Patrick J. Glen
Duke Law Journal Online
Chevron skepticism is in vogue in legal academia, as Professors Shoba Wadhia and Christopher Walker’s recent entry in the genre demonstrates. They place their project within the broader academic trend of arguing for limitations on the application of deference to various administrative decisions, but their aim is ultimately narrower— to show that “this case against Chevron has . . . its greatest force when it comes to immigration.”
The Professors are incorrect. Immigration adjudication presents one of the strongest cases for deference to administrative adjudication. This case is founded in the text of the statute itself and its myriad general …
The Supreme Court's Reticent Qualified Immunity Retreat, Katherine Mims Crocker
The Supreme Court's Reticent Qualified Immunity Retreat, Katherine Mims Crocker
Duke Law Journal Online
The recent outcry against qualified immunity, a doctrine that disallows damages actions against government officials for a wide swath of constitutional claims, has been deafening. But when the Supreme Court in November 2020 and February 2021 invalidated grants of qualified immunity based on reasoning at the heart of the doctrine for the first time since John Roberts became Chief Justice, the response was muted. With initial evaluations and competing understandings coming from legal commentators in the months since, this Essay explores what these cases appear to say about qualified immunity for today and tomorrow.
The Essay traces idealistic, pessimistic, and …
Three Suggestions To Promote New Scholarship From An Outgoing Editor-In-Chief, Christian I. Bale
Three Suggestions To Promote New Scholarship From An Outgoing Editor-In-Chief, Christian I. Bale
Duke Law Journal Online
No abstract provided.
Neuroscience And The Model Penal Code's Mens Rea Categories, Andreas Kuersten, John D. Medaglia
Neuroscience And The Model Penal Code's Mens Rea Categories, Andreas Kuersten, John D. Medaglia
Duke Law Journal Online
This Essay addresses recent research and commentary regarding the potential contributions of cognitive neuroscience to law. For the first time, cognitive neuroscience methods have been brought to bear on the Model Penal Code’s (MPC’s) culpable–mental state categories through a neuroimaging study seeking to identify the neural correlates of knowledge and recklessness. Subsequently, this study has been presented as a paradigm for utilizing cognitive neuroscience to answer important legal questions. However, the original experiment appears to suffer serious experimental-design and conceptual limitations, belying subsequent advocacy for the legal utility of cognitive neuroscience. This Essay methodically details these limitations and argues that …
Othering Across Borders, Steven Arrigg Koh
Othering Across Borders, Steven Arrigg Koh
Duke Law Journal Online
Our contemporary moment of reckoning presents an opportunity to evaluate racial subordination and structural inequality throughout our three-tiered domestic, transnational, and international criminal law system. In particular, this Essay exposes a pernicious racial dynamic in contemporary U.S. global criminal justice policy, which I call othering across borders. First, this othering may occur when race emboldens political and prosecutorial actors to prosecute foreign defendants. Second, racial animus may undermine U.S. engagement with international criminal legal institutions, specifically the International Criminal Court. This Essay concludes with measures to mitigate such othering.
Probable Cause And Performing "For The People", Irene Oritseweyinmi Joe
Probable Cause And Performing "For The People", Irene Oritseweyinmi Joe
Duke Law Journal Online
The summer of 2020 presented the American public with two very different versions of how a state’s top prosecutor might respond to excessive use of force by law enforcement. In Kentucky, Attorney General Daniel Cameron was criticized for his conduct after stories emerged of his biased presentation to a grand jury contemplating whether officers should face criminal charges for killing an unarmed person, Breonna Taylor, in her own home. In Minnesota, Attorney General Keith Ellison proved to be less controversial as public sentiment emphasized his willingness to pursue the type of justice that the public demanded against all of the …
The Combination Of Chevron And Political Polarity Has Awful Effects, Richard J. Pierce
The Combination Of Chevron And Political Polarity Has Awful Effects, Richard J. Pierce
Duke Law Journal Online
No abstract provided.
Disagreement About Chevron: Is Administrative Law The "Law Of Public Administration", Elizabeth Fisher, Sidney Shapiro
Disagreement About Chevron: Is Administrative Law The "Law Of Public Administration", Elizabeth Fisher, Sidney Shapiro
Duke Law Journal Online
No abstract provided.