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University of North Carolina School of Law

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Articles 1 - 30 of 6437

Full-Text Articles in Law

Conspiracy To Arbitrate, Christopher R. Leslie Jan 2018

Conspiracy To Arbitrate, Christopher R. Leslie

North Carolina Law Review

No abstract provided.


Contents, North Carolina Law Review Jan 2018

Contents, North Carolina Law Review

North Carolina Law Review

No abstract provided.


Cancer's Ip, Jacob S. Sherkow Jan 2018

Cancer's Ip, Jacob S. Sherkow

North Carolina Law Review

No abstract provided.


Clustered Bias, Kate Sablosky Elengold Jan 2018

Clustered Bias, Kate Sablosky Elengold

North Carolina Law Review

No abstract provided.


Two Tiers Of Plaintiffs: How North Carolina's Tort Reform Efforts Discriminate Against Low-Income Plaintiffs, Eric S. Goodheart Jan 2018

Two Tiers Of Plaintiffs: How North Carolina's Tort Reform Efforts Discriminate Against Low-Income Plaintiffs, Eric S. Goodheart

North Carolina Law Review

No abstract provided.


The Fourth Amendment's De Facto Physical Barrier Requirement: A Movement Toward A True Totality Of The Circumstances Test After United States V. Carloss, Philip D. Mayer Jan 2018

The Fourth Amendment's De Facto Physical Barrier Requirement: A Movement Toward A True Totality Of The Circumstances Test After United States V. Carloss, Philip D. Mayer

North Carolina Law Review

No abstract provided.


Automatic (Expunctions) For The People: For A Court-Initiated Expunction Right In North Carolina For Charges Not Resulting In Conviction, Charles J. Johnson Jan 2018

Automatic (Expunctions) For The People: For A Court-Initiated Expunction Right In North Carolina For Charges Not Resulting In Conviction, Charles J. Johnson

North Carolina Law Review

No abstract provided.


Contents, North Carolina Law Review Dec 2017

Contents, North Carolina Law Review

North Carolina Law Review

No abstract provided.


More Restrictive Alternatives, Michael Coenen Dec 2017

More Restrictive Alternatives, Michael Coenen

North Carolina Law Review

Courts often fault governments for pursuing their regulatory interests in an unnecessarily restrictive manner. Indeed, and as is well appreciated by courts, litigants, and scholars alike, the availability of a “less restrictive alternative” will often spell the doom of a constitutionally suspect law. Sometimes, however, this logic gets flipped on its head, with courts faulting governments for failing to utilize alternatives that are more restrictive rather than less. This Article collects examples of what it calls “more restrictive means” analysis in U.S. constitutional law and attempts to make sense of its analytical underpinnings. Specifically, the Article suggests that courts ...


Plenary Power In The Modern Administrative State, Catherine Y. Kim Dec 2017

Plenary Power In The Modern Administrative State, Catherine Y. Kim

North Carolina Law Review

For the past quarter century, the “plenary power” doctrine of immigration law—under which courts suspended ordinary standards of judicial review to defer to the political branches on questions relating to the exclusion, detention, and deportation of noncitizens—has been in decline. The conventional account attributes this development to the expansion of constitutionally protected individual rights across public law cases. This Article assesses changes in immigration law from a different perspective, one having less to do with individual rights than with constitutional structure. It focuses on the role that delegation concerns have played, contextualizing the judiciary’s willingness to review ...


The Mirage Of Use Restrictions, Ric Simmons Dec 2017

The Mirage Of Use Restrictions, Ric Simmons

North Carolina Law Review

This Article concludes that most types of use restrictions do not have sufficient legal justifications. It first reviews the many possible applications of use restrictions and discusses five potential doctrinal bases to justify them: (1) apply an “ongoing seizure” doctrine; (2) create a purpose test for the exclusionary rule; (3) re-define a “search” as including the processing of information, not just its collection; (4) make the purpose of the data collection a factor in determining whether collecting the data is a search; and (5) limit which government agencies are allowed access to the data that is collected. This Article then ...


Why There Should Be A Presumption Against Nationwide Preliminary Injunctions, Katherine B. Wheeler Dec 2017

Why There Should Be A Presumption Against Nationwide Preliminary Injunctions, Katherine B. Wheeler

North Carolina Law Review

No abstract provided.


Examining The Evolution Of Legal Precedent Through Citation Network Analysis, Iain Carmichael, James Wudel, Michael Kim, James Jushchuk Dec 2017

Examining The Evolution Of Legal Precedent Through Citation Network Analysis, Iain Carmichael, James Wudel, Michael Kim, James Jushchuk

North Carolina Law Review

No abstract provided.


Fake News: Potential Solutions To The Online Epidemic, Lee K. Royster Dec 2017

Fake News: Potential Solutions To The Online Epidemic, Lee K. Royster

North Carolina Law Review

No abstract provided.


Framing Failure In The Legal Classroom: Techniques For Encouraging Growth And Resilience, Kaci Bishop Oct 2017

Framing Failure In The Legal Classroom: Techniques For Encouraging Growth And Resilience, Kaci Bishop

Working Papers

This Article argues that law schools should endeavor to help students maximize their learning and their potential as attorneys by helping them accept and learn from failure.


Chasing Causation: The Fourth Circuit's Americans With Disabilities Act Decision And Proper Causation Standards, Adrianna G. Sarrimanolis Sep 2017

Chasing Causation: The Fourth Circuit's Americans With Disabilities Act Decision And Proper Causation Standards, Adrianna G. Sarrimanolis

North Carolina Law Review

No abstract provided.


Kicking And Screaming: Dragging North Carolina's Direct Constitutional Claims Into The Twenty-First Century, Matthew R. Gauthier Sep 2017

Kicking And Screaming: Dragging North Carolina's Direct Constitutional Claims Into The Twenty-First Century, Matthew R. Gauthier

North Carolina Law Review

No abstract provided.


Individual Rights, Federalism, And The National Battle Over Bathroom Access, Scott W. Gaylord, Thomas J. Molony Sep 2017

Individual Rights, Federalism, And The National Battle Over Bathroom Access, Scott W. Gaylord, Thomas J. Molony

North Carolina Law Review

No abstract provided.


Recent Developments In North Carolina Property Law: Where's The Supreme Court Of North Carolina?, John V. Orth Sep 2017

Recent Developments In North Carolina Property Law: Where's The Supreme Court Of North Carolina?, John V. Orth

North Carolina Law Review

No abstract provided.


Contents, North Carolina Law Review Sep 2017

Contents, North Carolina Law Review

North Carolina Law Review

No abstract provided.


Solar Financing In North Carolina: The Untapped Potential Of Power Purchase Agreements, Andrew J. Haile Sep 2017

Solar Financing In North Carolina: The Untapped Potential Of Power Purchase Agreements, Andrew J. Haile

North Carolina Law Review

No abstract provided.


Confusion Demands Clarity: A Short, Complicated History Of Contract-Based Fraud Claims In North Carolina, J. William Graebe Sep 2017

Confusion Demands Clarity: A Short, Complicated History Of Contract-Based Fraud Claims In North Carolina, J. William Graebe

North Carolina Law Review

No abstract provided.


Citation Literacy, Alexa Z. Chew Jul 2017

Citation Literacy, Alexa Z. Chew

Working Papers

New lawyers and law students spend a lot of time worrying about legal citation. But most of that time is spent worrying about the wrong thing—formatting. The primary purpose of legal citation is to communicate information to the reader. Thus, legal citations are integral parts of the legal documents that lawyers read and write. But rather than viewing citation as communication, law students, and the new lawyers they become, tend to view it as a formatting sideshow dictated by the Bluebook or other citation style guides. This view is both inaccurate and counterproductive.

I argue that the reason for ...


Teaching Patents As Real Options, Andrew Chin Jun 2017

Teaching Patents As Real Options, Andrew Chin

North Carolina Law Review

No abstract provided.


Trademarks As Entrepreneurial Change Agents For Legal Reform, Deborah M. Gerhardt Jun 2017

Trademarks As Entrepreneurial Change Agents For Legal Reform, Deborah M. Gerhardt

North Carolina Law Review

No abstract provided.


Contents, North Carolina Law Review Jun 2017

Contents, North Carolina Law Review

North Carolina Law Review

No abstract provided.


Should Mutual Funds Invest In Startups? A Case Study Of Fidelity Magellan Fund's Investments In Unicorns (And Other Startups) And The Regulatory Implications, Jeff Schwartz Jun 2017

Should Mutual Funds Invest In Startups? A Case Study Of Fidelity Magellan Fund's Investments In Unicorns (And Other Startups) And The Regulatory Implications, Jeff Schwartz

North Carolina Law Review

No abstract provided.


Startup Lawyering 2.0, John F. Coyle, Joseph M. Green Jun 2017

Startup Lawyering 2.0, John F. Coyle, Joseph M. Green

North Carolina Law Review

No abstract provided.


Why Can't We Be Friends? A Business Finance Lawyer's Plaintive Plea To Entrepreneurs, Joan Macleod Heminway Jun 2017

Why Can't We Be Friends? A Business Finance Lawyer's Plaintive Plea To Entrepreneurs, Joan Macleod Heminway

North Carolina Law Review

No abstract provided.


Crowdfunding Without The Crowd, Darian M. Ibrahim Jun 2017

Crowdfunding Without The Crowd, Darian M. Ibrahim

North Carolina Law Review

No abstract provided.