Law Commons^™

Public Pension Reform And The Takings Clause, Michael B. Kent Jr.

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This Article seeks to fill the gap left open by previous judicial and scholarly treatment and begin a more robust conversation about the role of the Takings Clause in public pension reform litigation.

Murder For Life Insurance Money: Protecting The Children, Johnny C. Chriscoe

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Children are being murdered for life insurance proceeds.

Of course, if a beneficiary murders a child for the recovery of life insurance money and if he is apprehended, he will surely face numerous legal consequences. He will not recover the insurance money, he will be prosecuted and likely sentenced to life imprisonment or execution, he may be sued for the wrongful death of the child and he may be prosecuted for insurance fraud. However, all of these legal responses are triggered by the death of the child and, therefore, do not serve to protect the child from being murdered in …

The Limits Of Creativity In Copyright: Digital Manufacturing Files And Lockout Codes, Lucas S. Osborn

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As the distinction between the digital and physical worlds continues to diminish, the necessity to reevaluate the bargain struck by the copyright regime increases in importance. Digitization brings increasingly more aspects of our world into the potential ambit of the copyright system. To understand whether and how the copyright system should apply in an increasingly digital world, it is first necessary to understand doctrinally how current copyright laws apply to new digital works. This Article corrects several errors that have appeared in the literature analyzing copyright law's treatment of 3D printing and other digital manufacturing files. This Article incorporates an …

Embracing Our Public Purpose: A Value-Based Lawyer-Licensing Model, Bobbi Jo Boyd

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No abstract provided.

Special-Education Litigation: An Empirical Analysis Of North Carolina's First Tier, Lisa Lukasik

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Special-education litigation begins, under the terms of the Individuals with Disabilities Education Act (IDEA), with an “impartial due process” proceeding. States enjoy limited discretion to establish the manner by which they will effectuate this process. Variations in implementation exist. Most states offer a “single-tiered” process, and eight offer a “two-tiered” proceeding.

National debate about the effectiveness of these administrative proceedings has increased over the last decade. One contested question is whether a single-tiered or two-tiered administrative process better serves the objectives of the Act.

Meaningful empirical examination of these specialized proceedings has begun to inform this debate, but significant research …

Digital Patent Infringement In An Era Of 3d Printing, Lucas S. Osborn, Timothy R. Holbrook

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The digital revolution has now moved beyond music and video files. A person can now translate three-dimensional objects into digital files and, at the press of a button, recreate those items via a 3D printer or similar device. Just as digitization placed pressure on the copyright system, so will these digital computer-aided design (“CAD”) files stress the patent system. Patents directed to physical objects can now have their value appropriated not only by the transfer of physical embodiments but also by the transferring of CAD files designed to print the invention. We term this phenomenon digital patent infringement.

In this …

Making Space For Good Things To Happen: A Restorative Approach To The School To Prison Pipeline, Jon Powell

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No abstract provided.

Redefining Attention (And Revamping The Legal Profession?) For The Digital Generation, Lauren A. Newell

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No abstract provided.

North Carolina's Reincarnated Joint Tenancy: Oh Intent, Where Art Thou, Daniel R. Tilly, Patrick K. Hetrick

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A mother, her daughter, and her son-in-law received title to a North Carolina home as joint tenants with right of survivorship. Little did the mother know that she was almost instantly destroying the newborn joint tenancy when, in order to finance the purchase price, she alone executed a mortgage note and deed of trust at the closing. When she died several years later with that mortgage loan in default, a legal dispute arose centered on whether "severance" of the joint tenancy had occurred. Following traditional joint tenancy law theory, the Court of Appeals decided somewhat reluctantly that the joint tenancy …

Re-Examining Reasonableness: Negligence Liability In Adult Defendants With Cognitive Disabilities, Johnny Chriscoe, Lisa Lukasik

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No abstract provided.

A Case For Weakening Patent Rights, Lucas S. Osborn, Joshua M. Pearce, Amberlee Haselhuhn

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This Article contributes to the patent debate by observing that new and emerging technologies are radically altering the relative costs and benefits of the patent system. Although analysts cannot measure the patent system's numerous absolute costs and benefits, this Article demonstrates that new and emerging technologies are significantly reducing the research, development, and commercialization costs ("innovation costs") that are used by adherents to the incentive and prospect theories to justify the patent system's existence. All things being equal, if significantly, the relative need for the patent system has decreased and will continue to decrease. Thus, this Article argues that patents …

Of Phds, Pirates And The Public: Three-Dimensional Printing Technology And The Arts, Lucas S. Osborn

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No abstract provided.

Weakening The “Ripeness Trap” For Federal Takings Claims: Sansotta V. Town Of Nags Head And Town Of Nags Head V. Toloczko, Michael B. Kent Jr.

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No abstract provided.

Anti-Anti-Evasion In Constitutional Law, Michael B. Kent Jr., Brannon P. Denning

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No abstract provided.

Ripple Effects In The Law: The Broadening Meaning Of An "Offer To Sell" In Patent Law, Lucas S. Osborn

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No abstract provided.

Evidence Of Lies And Rules Of Evidence: The Admissibility Of Fmri-Based Expert Opinion Of Witness Truthfulness, William A. Woodruff

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No abstract provided.

Municipal Bankruptcy: When Doing Less Is Best, C. Scott Pryor

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No abstract provided.

State Preemption Of Local Land Use Ordinances And North Carolina's "Fracking" Legislation, Michael B. Kent Jr.

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No abstract provided.

Mickey Goes To France: A Case Study Of The Euro Disneyland Negotiations, Lauren A. Newell

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No abstract provided.

Asperger’S Syndrome And Eligibility Under The Idea: Eliminating The Emerging "Failure First" Requirement To Prevent A Good Idea From Going Bad, Lisa Lukasik

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No abstract provided.

Deconstructing A Decade Of Charter School Funding Litigation: An Argument For Reform, Lisa Lukasik

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For over a decade, North Carolina's charter schools and traditional public schools have been embroiled in litigation over access to local public funding. This litigation shows no sign of abatement. In fact, disputes between charter schools and traditional public schools over local funds are likely to continue until the North Carolina legislature revisits the state's charter school funding statute and modifies the means by which local funds are transferred to charter schools.

This Article deconstructs the state's charter school funding statute, the decade-long series of appellate decisions interpreting it, and the administrative and legislative responses to each appellate decision. It …

Happiness At The House Of Mouse: How Disney Negotiates To Create The “Happiest Place On Earth”, Lauren A. Newell

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No abstract provided.

Anti-Evasion Doctrines In Constitutional Law, Michael B. Kent Jr., Brannon P. Denning

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Recent constitutional scholarship has focused on how courts - the Supreme Court in particular - "implement" constitutional meaning through the use of doctrinal constructs that enable judges to decide cases. Judges first fix constitutional meaning, what Mitchell Berman terms the "constitutional operative proposition," but must then design "decision rules" that render the operative proposition suitable to use in the third step, the resolution of the case before the court. These decision rules produce the familiar apparatus of constitutional decision-making - strict scrutiny, rational basis review, and the like. For the most part, writers have adopted a binary view of doctrine. …

The World Of Deadwood: Property Rights And The Search For Human Identity, Michael B. Kent Jr.

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The year is 1876. Gold has been discovered in the fledgling camp of Deadwood, bringing hordes of new arrivals each day seeking to strike it rich. The allure of wealth is coupled with the allure of complete autonomy. There is no law. Although part of the United States, Deadwood is unaffiliated with any existing territorial government. It is free. Or is it? From this backdrop, HBO’s highly-acclaimed drama Deadwood springs forth. Series creator David Milch is frank about his mission behind the story: to explore how order arises from chaos. The assignment and protection of property rights play central roles …

Public Utilities, Eminent Domain, And Local Land Use Regulations: Has Texas Found The Proper Balance?, Michael B. Kent Jr.

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No abstract provided.

Pavesich, Property And Privacy: The Common Origins Of Property Rights And Privacy Rights, Michael B. Kent Jr.

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No abstract provided.

The Contract Drafting Process: Integrating Contract Drafting In A Simulated Law Practice, Charles C. Lewis

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No abstract provided.

Protectia Marcilor De Produse Si Servicii Fata De Inregistrarile Abuzive Ca Nume De Domenii, Raluca Papadima

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No abstract provided.

Must Public Schools Accept Home-Schooled Students On A Part-Time Basis?, Lisa Lukasik

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No abstract provided.

The Latest Home Education Challenge: The Relationship Between Home Schools And Public Schools, Lisa Lukasik

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No abstract provided.