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Revival Of Roosevelt: Analyzing Expansion Of The Supreme Court Of North Carolina In Light Of The Resurgence Of State "Court-Packing" Plans, Elizabeth L. Robinson May 2018

Revival Of Roosevelt: Analyzing Expansion Of The Supreme Court Of North Carolina In Light Of The Resurgence Of State "Court-Packing" Plans, Elizabeth L. Robinson

North Carolina Law Review

No abstract provided.


"Good Artists Borrow; Great Artists Steal": How The Fair Use Doctrine Can Bring Harmony To The Federal Circuits On Digital Music Sampling, Peyton E. Miller May 2018

"Good Artists Borrow; Great Artists Steal": How The Fair Use Doctrine Can Bring Harmony To The Federal Circuits On Digital Music Sampling, Peyton E. Miller

North Carolina Law Review

No abstract provided.


Mcdonnell'S Misapprehension Of The Role Of Access In Politics And Public Corruption, Jeffrey A. White May 2018

Mcdonnell'S Misapprehension Of The Role Of Access In Politics And Public Corruption, Jeffrey A. White

North Carolina Law Review

No abstract provided.


Herding Cats: Governing Distributed Innovation, Albert C. Lin May 2018

Herding Cats: Governing Distributed Innovation, Albert C. Lin

North Carolina Law Review

No abstract provided.


Consent To Intimate Regulation, Kaiponanea T. Matsumura May 2018

Consent To Intimate Regulation, Kaiponanea T. Matsumura

North Carolina Law Review

No abstract provided.


Contents, North Carolina Law Review May 2018

Contents, North Carolina Law Review

North Carolina Law Review

No abstract provided.


All Things In Aggregation: Reassessing The Fourth Amendment's Third-Party Doctrine And The Fourth Circuit's Approach To Cell Site Location Information In United States V. Graham, James G. Mcleod May 2018

All Things In Aggregation: Reassessing The Fourth Amendment's Third-Party Doctrine And The Fourth Circuit's Approach To Cell Site Location Information In United States V. Graham, James G. Mcleod

North Carolina Law Review

No abstract provided.


Why Do Prosecutors Say Anything? The Case Of Corporate Crime, Samuel W. Buell Mar 2018

Why Do Prosecutors Say Anything? The Case Of Corporate Crime, Samuel W. Buell

North Carolina Law Review

No abstract provided.


Non-Prosecution Of Corporations: Toward A Model Of Cooperation And Leniency, Cindy R. Alexander, Yoon-Ho Alex Lee Mar 2018

Non-Prosecution Of Corporations: Toward A Model Of Cooperation And Leniency, Cindy R. Alexander, Yoon-Ho Alex Lee

North Carolina Law Review

No abstract provided.


Confidentiality And Whistleblowing, Richard Moberly Mar 2018

Confidentiality And Whistleblowing, Richard Moberly

North Carolina Law Review

No abstract provided.


Contents, North Carolina Law Review Mar 2018

Contents, North Carolina Law Review

North Carolina Law Review

No abstract provided.


Protecting Consumer Data Privacy With Arbitration, Erin O'Hara O'Connor Mar 2018

Protecting Consumer Data Privacy With Arbitration, Erin O'Hara O'Connor

North Carolina Law Review

No abstract provided.


Confidential Witness Interviews In Securities Litigation, Gideon Mark Mar 2018

Confidential Witness Interviews In Securities Litigation, Gideon Mark

North Carolina Law Review

No abstract provided.


A2j/A2k: Access To Justice, Access To Knowledge, And Economic Inequalities In Open Courts And Arbitrations, Judith Resnik Mar 2018

A2j/A2k: Access To Justice, Access To Knowledge, And Economic Inequalities In Open Courts And Arbitrations, Judith Resnik

North Carolina Law Review

No abstract provided.


The Black Hole Of Mandatory Arbitration, Cynthia Estlund Mar 2018

The Black Hole Of Mandatory Arbitration, Cynthia Estlund

North Carolina Law Review

No abstract provided.


Revolution V. Evolution In Class Action Reform, Richard Marcus Mar 2018

Revolution V. Evolution In Class Action Reform, Richard Marcus

North Carolina Law Review

No abstract provided.


Conspiracy To Arbitrate, Christopher R. Leslie Jan 2018

Conspiracy To Arbitrate, Christopher R. Leslie

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.


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.


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.


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.


Clustered Bias, Kate Sablosky Elengold Jan 2018

Clustered Bias, Kate Sablosky Elengold

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.