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University of North Carolina School of Law

North Carolina Law Review

Journal

2016

Articles 1 - 30 of 46

Full-Text Articles in Law

In Memoriam: William Brantley Aycock, Martin H. Brinkley, John V. Orth, Esphur E. Foster, Judith Welch Wegner Dec 2016

In Memoriam: William Brantley Aycock, Martin H. Brinkley, John V. Orth, Esphur E. Foster, Judith Welch Wegner

North Carolina Law Review

William Brantley “Bill” Aycock passed away on June 20, 2015, at ninety-nine years old. A graduate of the University of North Carolina at Chapel Hill (M.A. 1937, J.D. 1948), Bill Aycock served his alma mater for twenty-nine years as a law professor and seven years as chancellor. This Article, a collection of memories shared by his colleagues and friends at a memorial service held at the University of North Carolina School of Law on October 26, 2015, honors Chancellor Aycock’s marvelous and dynamic life.


Uncertain Standing: Normative Applications Of Standing Doctrine Produce Unpredictable Jurisdictional Bars To Common Law Data Breach Claims, Michael B. Jones Dec 2016

Uncertain Standing: Normative Applications Of Standing Doctrine Produce Unpredictable Jurisdictional Bars To Common Law Data Breach Claims, Michael B. Jones

North Carolina Law Review

No abstract provided.


Are Gray Skies Clearing Up? Shedding Light On Nonprofit Governance In The Wake Of Revamped Irs Form 990, Jordan C. Hilton Dec 2016

Are Gray Skies Clearing Up? Shedding Light On Nonprofit Governance In The Wake Of Revamped Irs Form 990, Jordan C. Hilton

North Carolina Law Review

No abstract provided.


Pre-Competition, Jorge L. Contreras, Liza S. Vertinsky Dec 2016

Pre-Competition, Jorge L. Contreras, Liza S. Vertinsky

North Carolina Law Review

As the costs of pharmaceutical research and development rise and concerns grow about the pace of innovation, both federal agencies and industry participants have turned to new forms of collaboration to increase the efficiency and effectiveness of biomedical research. Industry participants, many of them competitors, come together to define joint research and development objectives and to share project results in what are widely known as “pre-competitive” collaborations. There is a prevailing understanding among both industry and governmental actors that these pre-competitive endeavors are not only permissible, but encouraged. While the term “pre-competitive” is prevalent in the pharmaceutical industry, it is …


Corporate Darwinism: Disciplining Managers In A World With Weak Shareholder Litigation, James D. Cox, Randall S. Thomas Dec 2016

Corporate Darwinism: Disciplining Managers In A World With Weak Shareholder Litigation, James D. Cox, Randall S. Thomas

North Carolina Law Review

Because representative shareholder litigation has been constrained by numerous legal developments, the corporate governance system has developed new mechanisms as alternative means to address managerial agency costs. We posit that recent significant governance developments in the corporate world are the natural consequence of the ineffectiveness and inefficiency of shareholder suits to address certain genre of managerial agency costs. We thus argue that corporate governance responses evolve to fill voids caused by the inability of shareholder suits to monitor and discipline corporate managers. We further claim that these new governance responses are themselves becoming stronger due in part to the rising …


Drone Zoning, Troy A. Rule Dec 2016

Drone Zoning, Troy A. Rule

North Carolina Law Review

The growing popularity of small civilian drones has generated a wide array of complex and unprecedented regulatory challenges. Many of these challenges, such as keeping drones away from manned aircraft, are matters that the Federal Aviation Administration (“FAA”) is clearly authorized and well equipped to address. However, several other drone policy challenges relate solely to drones’ potential to disrupt landowners’ privacy and to otherwise interfere with activities on the ground. The nature and severity of these conflicts often varies greatly depending on a drone’s specific location; drone uses that are welcomed in some city neighborhoods may be prohibitively disruptive in …


Thirty Years Of Disappointment: North Carolina's Remarkable Appellate Batson Record, Daniel R. Pollitt, Brittany P. Warren Sep 2016

Thirty Years Of Disappointment: North Carolina's Remarkable Appellate Batson Record, Daniel R. Pollitt, Brittany P. Warren

North Carolina Law Review

No abstract provided.


North Carolina's Heritage Protection Act: Cementing Confederate Monuments In North Carolina's Landscape, Kasi E. Wahlers Sep 2016

North Carolina's Heritage Protection Act: Cementing Confederate Monuments In North Carolina's Landscape, Kasi E. Wahlers

North Carolina Law Review

No abstract provided.


The Eugenics Movement In North Carolina, Alfred L. Brophy, Elizabeth Troutman Sep 2016

The Eugenics Movement In North Carolina, Alfred L. Brophy, Elizabeth Troutman

North Carolina Law Review

No abstract provided.


Untangling The Role Of Race In Capital Charging And Sentencing In North Carolina, 1990-2009, Barbara O'Brien, Catherine M. Grosso, George Woodworth, Abijah Taylor Sep 2016

Untangling The Role Of Race In Capital Charging And Sentencing In North Carolina, 1990-2009, Barbara O'Brien, Catherine M. Grosso, George Woodworth, Abijah Taylor

North Carolina Law Review

No abstract provided.


Called To Duty: Justice William J. Gaston, Barbara A. Jackson Sep 2016

Called To Duty: Justice William J. Gaston, Barbara A. Jackson

North Carolina Law Review

No abstract provided.


The "Right To Commit Nuisance" In North Carolina: A Historical Analysis Of The Right-To-Farm Act, Cordon M. Smart Sep 2016

The "Right To Commit Nuisance" In North Carolina: A Historical Analysis Of The Right-To-Farm Act, Cordon M. Smart

North Carolina Law Review

No abstract provided.


N.C. Innocence Inquiry Commission's First Decade: Impressive Success And Lessons Learned, Robert P. Mosteller Sep 2016

N.C. Innocence Inquiry Commission's First Decade: Impressive Success And Lessons Learned, Robert P. Mosteller

North Carolina Law Review

No abstract provided.


Overcoming The Rippy Effect: Why The North Carolina Business Corporations Act Should Allow Permissive Officer Exculpation, Jordan C. Hilton Sep 2016

Overcoming The Rippy Effect: Why The North Carolina Business Corporations Act Should Allow Permissive Officer Exculpation, Jordan C. Hilton

North Carolina Law Review

No abstract provided.


Magna Carta's American Adventure, A. E. Dick Howard Jun 2016

Magna Carta's American Adventure, A. E. Dick Howard

North Carolina Law Review

No abstract provided.


"The Whole Of The Constitutional History Of England Is A Commentary On This Charter", Charles Donahue Jr. Jun 2016

"The Whole Of The Constitutional History Of England Is A Commentary On This Charter", Charles Donahue Jr.

North Carolina Law Review

No abstract provided.


Magna Carta And The Forest Charter: Two Stories Of Property, Paul Babie Jun 2016

Magna Carta And The Forest Charter: Two Stories Of Property, Paul Babie

North Carolina Law Review

No abstract provided.


The Conservative Magna Carta, Mary Ziegler Jun 2016

The Conservative Magna Carta, Mary Ziegler

North Carolina Law Review

No abstract provided.


Magna Carta For The Masses: An Analysis Of Eighteenth-Century Americans' Growing Familiarity With The Great Charter In Newspapers, Sally E. Hadden Jun 2016

Magna Carta For The Masses: An Analysis Of Eighteenth-Century Americans' Growing Familiarity With The Great Charter In Newspapers, Sally E. Hadden

North Carolina Law Review

No abstract provided.


Magna Carta: The First Eight Hundred Years, Alfred L. Brophy, William P. Marshall, John V. Orth Jun 2016

Magna Carta: The First Eight Hundred Years, Alfred L. Brophy, William P. Marshall, John V. Orth

North Carolina Law Review

No abstract provided.


The Magna Carta Betrayed?, Jed S. Rakoff Jun 2016

The Magna Carta Betrayed?, Jed S. Rakoff

North Carolina Law Review

No abstract provided.


Blackstone's Magna Carta, Wilfrid Prest Jun 2016

Blackstone's Magna Carta, Wilfrid Prest

North Carolina Law Review

No abstract provided.


The Past Is Never Dead: Magna Carta In North Carolina, John V. Orth Jun 2016

The Past Is Never Dead: Magna Carta In North Carolina, John V. Orth

North Carolina Law Review

No abstract provided.


The Myth Of Magna Carta Revisited, R. H. Helmholz Jun 2016

The Myth Of Magna Carta Revisited, R. H. Helmholz

North Carolina Law Review

No abstract provided.


Charter Constitutionalism: The Myth Of Edward Coke And The Virginia Charter, Mary Sarah Bilder Jun 2016

Charter Constitutionalism: The Myth Of Edward Coke And The Virginia Charter, Mary Sarah Bilder

North Carolina Law Review

No abstract provided.


Magna Carta For The World? The Merchants' Chapter And Foreign Capital In The Early American Republic, Daniel Hulsebosch Jun 2016

Magna Carta For The World? The Merchants' Chapter And Foreign Capital In The Early American Republic, Daniel Hulsebosch

North Carolina Law Review

No abstract provided.


Precedent In Statutory Interpretation, Lawrence M. Solan May 2016

Precedent In Statutory Interpretation, Lawrence M. Solan

North Carolina Law Review

No abstract provided.


Patent Scope And Enablement In Rapidly Developing Arts, Alan L. Durham May 2016

Patent Scope And Enablement In Rapidly Developing Arts, Alan L. Durham

North Carolina Law Review

No abstract provided.


The Univited Guest: The Unexpected Damage To Privacy From The Expansion Of Implied Licenses, Isaac A. Rank May 2016

The Univited Guest: The Unexpected Damage To Privacy From The Expansion Of Implied Licenses, Isaac A. Rank

North Carolina Law Review

No abstract provided.


Plausibly Willful -- Tightening Pleading Standards In Facta Credit Card Receipt Litigation Where Only An Expiration Date Is Present, J. Patrick Redmon May 2016

Plausibly Willful -- Tightening Pleading Standards In Facta Credit Card Receipt Litigation Where Only An Expiration Date Is Present, J. Patrick Redmon

North Carolina Law Review

No abstract provided.