Law Commons^™

Class Relations And The Law: A Model And Agenda For Research, Brishen Rogers

Law and Contemporary Problems

No abstract provided.

Structure And Legitimation In Capitalism: Law, Power, And Justice In Market Society, Yochai Benkler

Law and Contemporary Problems

This article introduces a new institutional political economy of capitalism that explains the distinctive dynamics that drive sustained productivity growth, recurring social dislocation, and persistent patterns of exploitation in modern market societies. It then analyzes the role of law in structuring social relations of production in capitalism and legitimating those structures so as to stabilize the asymmetric social relations they create. Law structures social relations of production by allocating control over labor, knowledge, natural resources, and technology, as used for purposes of both subsistence and market-oriented production, as well coordination and cooperation in labor and investment processes, access to means …

Foreword, Jedediah Britton-Purdy, Justin Deystone

Law and Contemporary Problems

No abstract provided.

Law, Labor, And Identity, Chantal Thomas

Law and Contemporary Problems

No abstract provided.

Towards A Reconstructive Politics, K. Sabeel Rahman

Law and Contemporary Problems

No abstract provided.

Journal Staff

Law and Contemporary Problems

No abstract provided.

Diverse Legalities: Towards A Legal Theory For A Postcapitalist Political Economy, Amy J. Cohen, Stephen Healy

Law and Contemporary Problems

Law and political economy (LPE) scholars have revived a longstanding debate over the relationship among law, capitalism, and postcapitalist possibility. Is law a creature of capitalism, destined to reproduce its dynamics of exploitation and dominance? Or are there moments of indeterminacy in law that function specifically as openings to a postcapitalist elsewhere?

We enter this debate by posing a different question. Following feminist Marxist economic geographers J.K. Gibson-Graham, we ask what questions arise for LPE scholars if we begin instead with the presumption "that postcapitalist worlds are already here but have been cast into shadow by a singular economic framing …

Sticker Shock Due Process, Alex Dougherty Neumann

Duke Law Journal

To address undesirable conduct like infringing a copyright or placing a robocall, legislatures have created statutory causes of action that enable plaintiffs to file private suits. Instead of needing to prove actual damages from a defendant's conduct, many statutory causes of action allow a plaintiff to pursue a predefined damages amount per statutory violation. The damages are known as statutory damages, and their elegance lies in how they scale linearly, or one-to-one, with every violation by a defendant. But in the digital age, where automated technologies can generate millions of violations without human oversight, courts are now confronting monstrous aggregate …

Money And Federalism, Dan Awrey

Duke Law Journal

The United States is the only country in the world in which both federal and state governments possess independent and yet overlapping authority for bank chartering, regulation, and supervision. The roots of this unique "dual" banking system can be traced back to the Constitution, written almost a century before banks rose to the apex of the financial system and became the dominant source of money. Beginning with the landmark Supreme Court decision in McCulloch v. Maryland, this system has been a wellspring of jurisdictional conflict. Yet over time, this highly fragmented and hotly contested system has also produced strong …

Personal Jurisdiction And The Declaration Of Independence, Ryan C. Williams

Duke Law Journal

The Declaration of Independence accuses King George III of having "obstructed the Administration of Justice, by refusing his Assent to Laws for establishing Judiciary powers." But despite the seemingly natural resonance of this particular charge with the legal profession, legal scholars have given remarkably little attention to the controversy that provoked this particular complaint. This Article traces the colonists' complaint to a somewhat surprising and unexpected source—a dispute about personal jurisdiction.

During the late eighteenth century, administrative officials responsible for overseeing Britain's North American possessions sought to eliminate the use of the custom of foreign attachment by colonial court systems. …

The Second Amendment's Catholic Problem, Jared Danaher

Duke Law Journal

After New York State Rifle & Pistol Association v. Bruen, history is the touchstone of Second Amendment analysis. Thus, this Note explores an understudied part of America's long and complicated history with weapons: Catholic disarmament. By undertaking a detailed historical analysis of three Catholic disarmament measures in the late colonial United States, this Note attempts to determine what the history means for present day firearms law. It concludes that even though courts frequently cite America’s history of Catholic disarmament, they rarely use it in a historically accurate way. Modern courts use Catholic disarmament to justify weapons bans on people …

Illegal Corporate Cultures, Elise Bernlohr Maizel

Duke Law Journal

Culture is a powerful force in corporate compliance. Corporate culture shapes how employees behave, dictating whether, when, and how they follow the law. Cases arising out of cultural failures often involve public harm—plane crashes, poisoned rivers, tainted cancer drugs, and collapsed mines. Before these awful outcomes, however, the corporations that caused these harms fostered cultures that permitted the disregard of legal commands and public commitments. Managers disparaged safety regulations. Messages about profits and production drowned out messages about compliance and safety. Yet, there is a gap between all we know about the power of culture and our understanding of corporate …

Slowing The Burn: Incentivizing Safer Development Through Wildfire Hazard Mapping, Meghan Hodges

Duke Law Journal

Climate change has accelerated the frequency and severity of natural disasters globally and wildfires are no exception. In part, wildfires have intensified due to climate change, short-sighted fire suppression policies, and the rapid influx of people and development in hazardous regions. Like other natural disasters, wildfires will continue to pose an ever-increasing threat to communities nationally. And the federal government's default approach of providing aid after disaster strikes will only continue to become more unsustainable as climate change worsens. Yet, proactive measures that exist to mitigate risk—such as hazard mapping and financial assistance to support adaptation and resilience at the …

Burdens Of Proof In Criminal Procedure, Eve Brensike Primus

Duke Law Journal

The Supreme Court's haphazard approach to allocating burdens of proof in criminal procedure has created a system in which constitutional rights can be rendered meaningless simply because defendants are required to prove things they cannot possibly know. Even though allocations of the burden of proof often drive litigation outcomes, the Court has failed to establish clear burden allocation structures for cases arising under the Fourth, Fifth, Sixth, and Fourteenth Amendments, leaving lower courts split about how to allocate the burdens. When the Supreme Court does allocate burdens, it often does so without explanation or consideration of key factors. Recent Supreme …

Journal Staff

Duke Law Journal

No abstract provided.

Restoring Chevron Deference By Statute, Scott Dodson

Duke Law Journal Online

This paper details a solution for legislatively restoring Chevron deference: amend the APA to direct lower federal courts to give deference to reasonable agency decisions but retain nondeferential judicial review by the U.S. Supreme Court. This solution restores most of the practical benefits of Chevron by giving agencies flexibility to implement congressional policy directives with the expertise they have acquired, by maintaining stability in administrative regulation, and by relieving lower federal courts of the burdens of nondeferential review. And retaining nondeferential judicial review in the Supreme Court will preserve the constitutional role of the judicial branch to say what the …

Strengthening The Rule Of Law In Ecuador: A Conversation With Jhoel Escudero Soliz, President Of The Constitutional Court, Jhoel Escudero, David Collins

Judicature International

No abstract provided.

Journal Staff

Law and Contemporary Problems

No abstract provided.

A Democratic Rule Of Law, Jedediah Britton-Purdy

Law and Contemporary Problems

No abstract provided.

The Origins Of "The Rule Of Law", Jeremy Kessler

Law and Contemporary Problems

No abstract provided.

Campus Protests And The Rule Of Law, Shirin Sinnar

Law and Contemporary Problems

No abstract provided.

The Public Rule Of Law, Jonathan S. Gould

Law and Contemporary Problems

Across the globe, residents of many democracies worry that their public officials threaten the rule of law. But what, precisely, does that mean? Much of the literature on what the rule of law requires focuses on what it demands when government interacts with private parties. This article examines what I call the public rule of law, asking what the rule of law has to say about how public power is organized and exercised.

In doing so, I consider four approaches to the rule of law in a public law context. First, a rule of law problem could arise from an …

Foreword, Jedediah Britton-Purdy, Madhav Khosla

Law and Contemporary Problems

No abstract provided.

"Common Good Constitutionalism": Rule Of Law, Rule By Law, Or Something Else Entirely?, Jan-Werner Müller

Law and Contemporary Problems

No abstract provided.

Defending Rule-Of-Law Minimalism, Ashraf Ahmed

Law and Contemporary Problems

No abstract provided.

Law-Abiding Citizenship And Non-Violent Protest, David Bromwich

Law and Contemporary Problems

No abstract provided.

Caste Formalism: The Law And Politics Of Equality In India, Madhav Khosla, Pratap Bhanu Mehta

Law and Contemporary Problems

No abstract provided.

The Corporate Governance Of The Biggest Corporations You’Ve Never Heard Of, Aaron M. Schutt

Alaska Law Review

When Congress passed the Alaska Native Claims Settlement Act (ANCSA) in 1971, it directed the creation of twelve regional and over two hundred village corporations chartered under Alaska state law. ANCSA subjected these corporations to Alaska’s corporate governance framework, including the laws and regulations governing corporate elections. This Article examines the statutory and regulatory requirements applicable to ANCSA corporations, including the various requirements around ANCSA corporation annual shareholder meetings. It also analyzes relevant state and federal case law interpreting and applying these requirements. Finally, the Article explores the rights and responsibilities of corporate directors and officers, as well as the …

Rediscovering Alaska’S Right To Housing, Helen Malley

Alaska Law Review

In the wake of Grants Pass v. Johnson, state constitutions provide an alternative avenue to protect the rights of people experiencing homelessness. While some states contemplate amending their constitutions to encompass a right to housing, this Article argues that such a right already exists in the Alaska Constitution. Article VII, Sections 4 and 5 explicitly direct the legislature to provide for the public health and welfare, and Article I, Section 22 recognizes all Alaskans’ fundamental right to privacy. When read together, these provisions provide for a dual right to housing, encompassing both an affirmative right to adequate and affordable housing, …

Note From The Editor

Alaska Law Review

No abstract provided.