Under the Supreme Court's 2022 decision in NYSRPA v. Bruen, the constitutionality of a modern gun regulation depends upon whether a court finds the regulation to comport with history and tradition. But Bruen's novel test raises important and pressing questions. How should judges approach a historical record that may be incomplete or misleading because of the way it was compiled? Is it possible to offer publicly intelligible legal reasons for decisions within Bruen's historical-analogical framework? Join Professor Darrell A. H.

In its opening issue of Volume 73 (2023), Duke Law Journal published "Fact Stripping," written by Duke Law's own professors, Joseph Blocher and Brandon L. Garrett. In this interview, Judge Paul W. Grimm (ret.) of the Bolch Judicial Institute at Duke Law asks the authors about the concept of fact stripping and a current trend of appellate courts assuming fact-finding power over trial courts. The authors suggest Congress may want to reallocate factfinding power to trial courts through legislation.

The Duke Law Journal’s Administrative Law Symposium strives to produce an annual commentary on each year’s major developments in the field of federal administrative law. The symposium reports and analyzes those developments which are of general significance, presenting in one volume a discussion of current controversial issues which should be of interest both to the infrequent agency practitioner and to the attorney or agency member who desires a cross-agency perspective on those issues.

The Duke Law Journal’s Administrative Law Symposium strives to produce an annual commentary on each year’s major developments in the field of federal administrative law. The symposium reports and analyzes those developments which are of general significance, presenting in one volume a discussion of current controversial issues which should be of interest both to the infrequent agency practitioner and to the attorney or agency member who desires a cross-agency perspective on those issues.

The Duke Law Journal’s Administrative Law Symposium strives to produce an annual commentary on each year’s major developments in the field of federal administrative law. The symposium reports and analyzes those developments which are of general significance, presenting in one volume a discussion of current controversial issues which should be of interest both to the infrequent agency practitioner and to the attorney or agency member who desires a cross-agency perspective on those issues.

Jeffrey Sutton, a United States Circuit Judge of the United States Court of Appeals for the Sixth Circuit, gives a keynote address.

Symposium title: The Future of Chevron Deference

Administrative Law Symposium (2021)

Bijal Shah (Arizona State University Sandra Day O'Connor College of Law), moderator ; Elizabeth Fisher (Corpus Christi College, Oxford), Sidney Shapiro (Wake Forest University School of Law), Richard Pierce (George Washington University School of Law), Nicholas Bednar (Vanderbilt University), and Dan Walters (Pennsylvania State Law School), panelists.

Symposium title: The Future of Chevron Deference

Administrative Law Symposium (2020)

Thomas W. Merrill, Charles Evans Hughes Professor of Law at Columbia Law School, gives the lunch keynote address, followed by a Q & A.

Symposium title: The Future of Chevron Deference

Administrative Law Symposium (2021)

Lidiya Mishchenko (Duke Law), moderator ; Kristin Hickman (University of Minnesota), Aaron Nielson (BYU J. Reuben Clark Law School), Randy Kozel (University of Notre Dame Law School), Ronald Krotoszynski (University of Alabama School of Law), Aditya Bamzai (University of Virginia School of Law), panelists.

Symposium title: The Future of Chevron Deference

Administrative Law Symposium (2021)

Arti Rai (Duke Law), moderator ; Shoba Sivaprasad Wadhia (Pennsylvania State Law School), Christopher Walker (Ohio State Moritz College of Law), Jonathan Masur (University of Chicago Law School), Matthew Lawrence (Emory University School of Law), and Jonathan Choi (University of Minnesota Law School), panelists.

Symposium title: The Future of Chevron Deference

Administrative Law Symposium (2021)

Session 2: Designing Rules & Adjudicators for the New Landscape

Conference title: Charting the New Landscape of Administrative Adjudication

Presenters: Michael Sant’ambrogio (Michigan State University, College of Law), Adam Zimmerman (Loyola Law School, Los Angeles), Michael D. Frakes (Duke Law School), Melissa Wasserman (Texas Law), and Arti Rai (Duke Law School)

Kent Barnett (University of Georgia, School of Law), moderator.

Session 1: The New Landscape of Administrative Adjudication

Conference title: Charting the New Landscape of Administrative Adjudication

Presenters: Kathryn Kovacs (Rutgers Law School), John F. Duffy (University of Virginia, School of Law), Emily Bremer (Notre Dame Law School), and Matt Wiener (Penn Law).

Christopher J. Walker (Moritz College of Law), moderator.

On February 3, 2017 the Duke Law Journal held it's 47th annual Administrative Law Symposium on Exclusion, Inclusion, and the Administrative State.

SESSION THREE: INCENTIVIZING EQUALITY THROUGH ADMINISTRATIVE LAW
Presenter Karen Tani; Commentator Eloise Pasachoff; Moderator Neil Siegel

On February 3, 2017 the Duke Law Journal held it's 47th annual Administrative Law Symposium on Exclusion, Inclusion, and the Administrative State.

Introductory Remarks by Matthew D. Adler.

SESSION ONE: AGENCY PRACTICE AND INEQUALITY: VIEWS FROM THE INSIDE
Presenters Olatunde Johnson and Kris Collins; Commentators Nina Mendelson and Kerry Abrams; Moderator Guy-Uriel Charles.

On February 3, 2017 the Duke Law Journal held it's 47th annual Administrative Law Symposium on Exclusion, Inclusion, and the Administrative State.

SESSION TWO: EQUALITY, RIGHTS, AND ADMINISTRATIVE AGENCIES
Presenters Bertrall Ross and Mila Sohoni; Commentators Gillian Metzger and Samuel Bagenstos; Moderator Margaret H. Lemos.

Duke Law Journal's 42nd Annual Administrative Law Symposium will focus on several important topics in administrative law today. Selected from over 80 proposals, the seven panelists explore issues pressing upon legislators, agency and Executive Branch officials, and judges, such as the politicization of agencies, the judicial review challenges posed by shared regulatory authority, and the emphasis on reason-giving in rulemaking. The participants will use both historical and empirical analysis to describe the current administrative-law landscape and prescribe alternatives for its future.

Samuel Bagenstos discusses taxing and spending clause litigation in the US Supreme Court under Chief Justice Roberts.

Recorded on October 03, 2008.

Appearing: Samuel Bagenstos, speaker.

Related paper: Samuel R. Bagenstos, Spending Clause Litigation in the Roberts Court, 58 Duke Law Journal 345-410 (2008). Available at: http://scholarship.law.duke.edu/dlj/vol58/iss3/1/

Session 3: The New Landscape in Context—Immigration Adjudication

Conference title: Charting the New Landscape of Administrative Adjudication

Presenters: Catherine Y. Kim (Brooklyn Law School), Amy Semet (Columbia University), Michael Kagan (UNLV William S. Boyd School of Law), and Jennifer Lee Koh (UCI Law).

Moderator: Dean Kerry Abrams (Duke Law School)

Duke Law Journal's 42nd Annual Administrative Law Symposium will focus on several important topics in administrative law today. Selected from over 80 proposals, the seven panelists explore issues pressing upon legislators, agency and Executive Branch officials, and judges, such as the politicization of agencies, the judicial review challenges posed by shared regulatory authority, and the emphasis on reason-giving in rulemaking. The participants will use both historical and empirical analysis to describe the current administrative-law landscape and prescribe alternatives for its future.

Lunch Panel: The Agency Adjudicators’ View on the New Landscape

Conference title: Charting the New Landscape of Administrative Adjudication

Presenters: Nancy Griswold, Chief Administrative Law Judge of the Office of Medicare Hearings and Appeals, Scott Boalick, Chief Administrative Patent Judge of the Patent Trial and Appeal Board, James McHenry, Director of the Executive Office for Immigration Review.

Christopher J. Walker, moderator.