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Full-Text Articles in Law
Ai And The Regulatory Paradigm Shift At The Fda, Catherine M. Sharkey, Kevin M. K. Fodouop
Ai And The Regulatory Paradigm Shift At The Fda, Catherine M. Sharkey, Kevin M. K. Fodouop
Duke Law Journal Online
No abstract provided.
The Fracas At The Fdic, Todd Phillips
The Fracas At The Fdic, Todd Phillips
Duke Law Journal Online
In December 2021, the Democratic members of the Board of Directors of the Federal Deposit Insurance Corporation (FDIC) attempted to use their majority to issue a request for information but were blocked by the Republican Chair. Although the Democrats outnumbered the Chair three-to-one, the agency's General Counsel declared the move invalid, and the request went unpublished. After weeks of hostility, the Chair resigned, effectively conceding her inability to lead the agency. Although governance at the FDIC is now settled, concern over the Democratic directors' actions and the Chair's resignation have reverberated beyond that singular agency. Republicans are concerned that the …
Jury Nullification In Abortion Prosecutions: An Equilibrium Theory, Peter N. Salib, Guha Krishnamurthi
Jury Nullification In Abortion Prosecutions: An Equilibrium Theory, Peter N. Salib, Guha Krishnamurthi
Duke Law Journal Online
The Supreme Court has overturned Roe v. Wade. Doing so, it has rescinded recognition of a fundamental constitutional right for the first time in nearly a century. Even before Roe's demise, multiple states enacted laws to criminalize abortion once the abortion right was gone. More states will surely follow soon. Calls to action have gone out to those who can protect women's rights: the President, Congress, leftleaning state governments, and more. We add another call - to jurors.
Jurors - and sometimes judges - have the power to refuse to convict factually guilty defendants in criminal prosecutions when they believe …
Antitrust As An Instrument Of Democracy, Daniel A. Crane
Antitrust As An Instrument Of Democracy, Daniel A. Crane
Duke Law Journal Online
No abstract provided.
Cryptocurrency, Legibility, And Taxation, Amanda Parsons
Cryptocurrency, Legibility, And Taxation, Amanda Parsons
Duke Law Journal Online
In Jarrett v. United States, a taxpayer in Tennessee is arguing that staking cryptocurrency did not result in him earning “income” under federal income tax law. This case illustrates the fundamental challenge that cryptocurrency and blockchain technology present for tax law. Wealth creation in the crypto space is not readily legible to the state. This absence of legibility threatens tax law’s reliance on placing economic activities into categories to determine how they should be taxed. Furthermore, this case highlights the harms Congress and Treasury are risking by not taking action on cryptocurrency taxation. The uncertainty and lack of guidance …
Catchall Policing And The Fourth Amendment, Nirej Sekhon
Catchall Policing And The Fourth Amendment, Nirej Sekhon
Duke Law Journal Online
American police do a bit of everything. They direct traffic, resolve private disputes, help the sick and injured, and do animal control. Far less frequently than one might think, they make arrests. Americans reflexively call the police for troubles, big and small. The “catchall tradition” is shorthand for this melding of non-adversarial, public assistance with adversarial, crime-control functions. The catchall tradition means that civilians are exposed to the police’s coercive power as a condition of receiving police help. This Article contends that the catchall tradition is antithetical to constitutional police regulation. The Supreme Court has distinguished adversarial from non-adversarial state …
Dueling Dictionaries And Clashing Corpora, Kevin Tobia
Dueling Dictionaries And Clashing Corpora, Kevin Tobia
Duke Law Journal Online
No abstract provided.
Rattlesnakes, Debt, And Arpa § 1005: The Existential Crisis Of American Black Farmers, Maia Foster, P. J. Austin
Rattlesnakes, Debt, And Arpa § 1005: The Existential Crisis Of American Black Farmers, Maia Foster, P. J. Austin
Duke Law Journal Online
No abstract provided.
We Can't Talk About Race Unless We Also Talk About Art, Lavinia Liang
We Can't Talk About Race Unless We Also Talk About Art, Lavinia Liang
Duke Law Journal Online
No abstract provided.
Spurious Pedigree Of The "Valid-When-Made" Doctrine, Adam J. Levitin
Spurious Pedigree Of The "Valid-When-Made" Doctrine, Adam J. Levitin
Duke Law Journal Online
The “valid-when-made” doctrine holds that if a loan was not subject to a state usury law when it was made, it can never subsequently become so upon transfer. The doctrine is supposedly a “well-established and widely accepted” common law doctrine that is a “cardinal rule” of banking law endorsed by multiple Supreme Court decisions.
This Article demonstrates the valid-when-made doctrine’s spurious historical pedigree. The doctrine is a modern invention, fabricated by attorneys for financial services trade associations in the appeals from the Second Circuit’s Madden decision. It rests solely on decontextualized and misinterpreted quotations from nineteenth century cases dealing with …