Scholarship

The Duke Project on Custom and Law

A conversation across disciplines

Interdisciplinary exchange is a hallmark of the Duke Project on Custom and Law.  Its genesis is in a collaboration between the project facilitators, Duke Law Professors Curtis A. Bradley and G. Mitu Gulati.  Their 2010 article published in the Yale Law Journal titled “Withdrawing from International Custom,” benefited enormously from ideas offered by scholars from diverse perspectives ranging from agency law and environmental law to voting theory and institutional economics.  So they decided to harness the scholarly perspectives at Duke Law, Duke University, and beyond, into a single Duke project on custom.

A few other examples of the breadth and depth of Duke Law scholarship on custom and law are:

Joseph Blocher:

Building on Custom: Land Tenure Policy and Economic Development in Ghana, 9 Yale Human Rights & Development Law Journal 166-202 (2006)

Kimberly D. Krawiec:
Altruism and Intermediation in the Market for Babies, 66 Wash. & Lee L. Rev. 203 (2009)

Jedediah Purdy:
A Few Questions About the Social Obligation Norm in Property, Cornell Law Review (2009)

Arti Rai:
Open and Collaborative Research: A New Model for Biomedicine, in Intellectual Property Rights in Frontier Industries 131-158 (Robert W. Hahn ed., AEI-Brookings Press 2005)
Regulating Scientific Research: Intellectual Property Rights and the Norms of Science, 94 Northwestern University Law Review 77-152 (1999)

Barak Richman:
Firms, Courts, and Reputation Mechanisms: Towards a Positive Theory of Private Ordering, Columbia Law Review, vol.104 (December 2004)

Ernest Young:
Rediscovering Conservatism: Burkean Political Theory & Constitutional Interpretation, 72 North Carolina Law Review 619-724 (1994)

A conversation across institutions

Duke-Harvard Foreign Relations Law Workshop
Saturday, Oct. 8
Harvard Law School

The 2011 Duke-Harvard Foreign Relations Law Workshop will discuss constitutional custom as it relates to the distribution of war authority between Congress and the President, a topic made particularly relevant by recent debate over U.S. military operations in Libya. The invitation-only workshop is held every year and is coordinated by Duke Law Professor Curtis Bradley and Harvard Law Professor Jack Goldsmith. The topic for this year's workshop is connected to the Duke Custom and Law Project. Contact Curt Bradley for more information.