Duke Law Journal

A bimonthly law journal edited by a student board. A third of each issue consists of student notes dealing with current legal developments, and the remaining content is devoted to articles and comments by professors and practitioners. Generally one issue

Articles from Vol. 57, No. 7, May

Administrative Law as the New Federalism
ABSTRACT Despite the recognized impact that the national administrative state has had on the federal system, the relationship between federalism and administrative law remains strangely inchoate and unanalyzed. Recent Supreme Court case law suggests...
Administrative Law's Federalism: Preemption, Delegation, and Agencies at the Edge of Federal Power
ABSTRACT This Article critiques the practice of limiting federal agency authority in the name of federalism. Existing limits bind agencies even more tightly than Congress. For instance, although Congress can regulate to the limits of its commerce...
Tennis with the Net Down: Administrative Federalism without Congress
Constitutional law is a funny subject for academics. As scholars, we aspire to push forward the frontiers of knowledge--to make new discoveries and to think about things in ways that no one has ever thought of before. The metaphor of scientific discovery...
The California Greenhouse Gas Waiver Decision and Agency Interpretation: A Response to Professors Galle and Seidenfeld
INTRODUCTION Professors Brian Galle and Mark Seidenfeld add some important strands to the debate on agency preemption, particularly in their detailed documentation of the potential advantages agencies may possess in deliberating on preemption compared...