Digital Commons Network^™

Law And The Self-Coordinating Market Idea, Sanjukta Paul

Articles

Much of the focus of the live Symposium was on comparing existing scholarship associated with two intellectual communities. I have no objection to that enterprise in the abstract, though I think it is a bit premature where law and political economy (LPE) is concerned and sets up an apples-to-oranges comparison to the decades-old streams of work and thinking in law and economics (L&E). But I would rather use the privilege of the space in this written Symposium to sketch what I believe is the ultimate substantive nub of contestation in this conversation about the core subject matter of “the economy” …

Levers Of Default: Can The President Unilaterally Alter The Terms Of The National Debt?, Lev E. Breydo, Nathan B. Oman

Faculty Publications

The inviolability of America’s $30 trillion debt is a cornerstone of global markets and the U.S. economy. This Essay identifies a critical loophole: the President’s underappreciated power to dramatically change its legal structure—and argues that Congress should act to prevent a potential catastrophe.

The Essay details, for the first time in the literature, the arcane legal architecture underpinning America’s sovereign borrowings. Our analysis finds that although the President lacks authority to change the terms of outstanding debt retroactively, the President can accomplish similar goals by issuing new debt instruments that embed unprecedented powers. In surprisingly short order, a determined Executive …

Bankrupt Crypto Organizations, Kara Bruce, Christopher K. Odinet, Andrea Tosato

North Carolina Law Review

No abstract provided.

Trademarks Beyond The Dictionary: A Corpus Linguistics Approach To The International Implementation Of The Rule Of Foreign Equivalents, George Mcmullin

Nevada Law Journal

No abstract provided.

The Indian Law Aunties, Torey Dolan

UMKC Law Review

No abstract provided.

Resisting Overcompliance, Meera E. Deo

UMKC Law Review

No abstract provided.

Glp-1 Drugs And The Emerging Mass Tort Crisis: Navigating Legal Risks And Regulatory Gaps, Angelina Ferrara

UMKC Law Review

No abstract provided.

Masthead, North Carolina Banking Institute

North Carolina Banking Institute

No abstract provided.

The One Big Beautiful Bill Act's Tax Exclusion For Interest Income On Agricultural Loans: A Windfall For Lenders?, Clayton T. Henderson

North Carolina Banking Institute

No abstract provided.

Regulating Big-Bank Capital: Legal Vulnerabilities Of The Enhanced Supplementary Leverage Ratio Reform, Kavita Kay

North Carolina Banking Institute

No abstract provided.

Reframing Furnisher Obligations Under The Fcra: Roberts V. Carter-Young And The Objectively And Readily Verifiable Standard, Gabrielle R. Lanoue

North Carolina Banking Institute

No abstract provided.

Unauthorized Funds Transfers: The Beneficiary Bank's Responsibility To Detect Fraud, Lorelei M. Blau

North Carolina Banking Institute

No abstract provided.

Combatting Authorized Push Payment Fraud: Which Regulatory Approach Should The United States Adopt?, Garrett S. Grewal

North Carolina Banking Institute

No abstract provided.

The Lawyer’S Swan Lake: Generative Ai, Legal Epistemology, And The Nondelegable Duty To Think, Angie Zinzilieta

The Business, Entrepreneurship & Tax Law Review

Generative artificial intelligence (“GAI”) has entered law wearing the costume of competence: fluent, confident, and fast. But legal practice is not a memory sport despite the bar exam. Lawyers are paid to create, test, and refine ideas (arguments, narratives, and theories of liability) inside an adversarial system that punishes error, rewards precision, and demands accountability. This article argues that the central risk of GAI in legal work is not merely “hallucinations” or confidentiality breaches; it is epistemic atrophy, an outsourcing of the intellectual labor by which lawyers understand where law comes from, how it changes, and why it applies. Using …

Behind The Black Box: Employer Accountability For Algorithmic Hiring Bias, Nicole Capp

The Business, Entrepreneurship & Tax Law Review

AI hiring tools are now ubiquitous in employment, promising efficiency, cost savings, and reduced human bias. Yet these systems often operate as “black boxes,” replicating or amplifying existing biases and raising significant legal concerns under Title VII of the Civil Rights Act of 1964. Even without discriminatory intent, AI trained on historical hiring data can produce disparate impacts, exposing employers to liability for outcomes they cannot fully understand or explain. Plaintiffs face steep challenges in litigating such claims, particularly in identifying specific practices, demonstrating causation, and proposing feasible alternatives. This article examines how AI perpetuates discrimination in hiring, analyzes the …

Self-Regulation Under Scrutiny: Finra's Enforcement Power And The Private Nondelegation Doctrine, Gabriel I. Porges

North Carolina Banking Institute

No abstract provided.

Should North Carolina Allow Credit Unions To Serve Banking Deserts?, Sean M. Leider

North Carolina Banking Institute

No abstract provided.

North Carolina's Debt Adjusting Attorney Exemption & Implications For Consumers, Carsen Olivia Masterton

North Carolina Banking Institute

No abstract provided.

Foreward, Sarah M. Campbell, Lissa L. Broome

North Carolina Banking Institute

No abstract provided.

Financial Data Security In The Quantum Age: Evaluating The Effectiveness Of The Gramm-Leach-Bliley Act's Safeguards Rule, Shivan Moodley

North Carolina Banking Institute

No abstract provided.

Private Credit Growth And Systemic Importance: Evaluating The Case For Nonbank Sifi Status, Andrew T. Sumichrast

North Carolina Banking Institute

No abstract provided.

Thirty Years, Give Or Take: Reflections On My Life In Banking, Joseph A. Smith Jr.

North Carolina Banking Institute

No abstract provided.

Front Matter, North Carolina Banking Institute

North Carolina Banking Institute

No abstract provided.

The Fed Exception: Why The Federal Reserve's Monetary Power Should Stay Independent Amidst The Demise Of Humphrey's Executor, Cory Carpenter

North Carolina Banking Institute

No abstract provided.

Payment Stablecoin Holders First In Line: Genius Act Amendments To The Bankruptcy Code Threaten Debtor-Ppsi's Ability To Reorganize Successfully, Makenzie R. Leonard

North Carolina Banking Institute

No abstract provided.

Comparative Judicial Enforcement, Rosa Hayes, Angela Hefti

Washington Law Review

Almost immediately upon his second inauguration, President Trump took several actions that subvert longstanding norms, contravene long-settled Supreme Court precedent, and disrespect the authority of the coordinate branches to check executive branch excess. The Administration’s actions pose both immediate and long-term challenges to the American constitutional order, with many scholars and citizens believing that the United States is in the midst of a constitutional crisis. At minimum, the Trump Administration’s actions have illuminated sticking points in both functionalist and formalist conceptions of the separation of powers. For this model of shared but distributed power to function, each branch must give …

A Right Without A Remedy: The Court’S Failure To Quantify The Agua Caliente’S Federal Reserved Water Rights, Lauren Block

Washington Law Review

The Agua Caliente Band of Cahuilla Indians has inhabited the Coachella Valley region since time immemorial. Through a series of 1870s executive orders, the United States government reserved land for the Tribe to establish a permanent home within the bounds of their ancestral homeland. Underlying this permanent home is the Coachella Valley aquifer, a groundwater source that has been in a continuous state of overdraft for decades. Against the backdrop of climate change, water scarcity, and other concerns, the Tribe sued Coachella Valley’s water management agencies in 2013, alleging the Tribe owned a portion of the water in the aquifer …

Fostering An Equitable Scrum: A Conceptual Framework For Using Antiracist Enrollment Management Practices To Counter Job Market Discrimination, Aaron N. Taylor

AccessLex Institute Research

For most law students, attending law school is an investment. At stake are immense amounts of time and money spent pursuing the degree. The most desired payoff is a lucrative and fulfilling career. This chapter argues that law schools must adopt enrollment management practices that attempt to account for the job market their entering students will face at graduation. In proffering this argument, the chapter presents a conceptual framework for aligning class size targets to the future job market and proposes an equity-based approach to tuition discounting that accounts for job market racism. Graduates of color, particularly Black graduates, experience …

Constitutional Structure And Election Law, Manoj Mate

William & Mary Bill of Rights Journal

Since Bush v. Gore, scholarship on election law has centered on a theoretical debate between rights-based and structural theory approaches, and the appropriate role and scope of judicial intervention in election law cases. However, these debates have not fully assessed the degree to which the Court’s approach to constitutional structure has fundamentally reshaped election law. Over the past two decades, the Court has increasingly emphasized the importance of constitutional structure-based approaches in election law cases.

This Article analyzes these dynamics and advances a typology of constitutional structure-based approaches in election law. Drawing on scholarship on modalities of interpretation and …

Free Speech Trapped In Amber: The Rise Of The 'History And Tradition' Test, From Unregulated Guns To Highly Regulated Speech, Matthew D. Bunker, Emily Erickson

William & Mary Bill of Rights Journal

An insidious virus appears poised to invade First Amendment free speech doctrine. “History and tradition,” a deeply flawed variant of originalism, threatens to transform speech law from a rational enterprise, employing tiers of scrutiny to evaluate potential infringements on speech, to a random scavenger hunt through the distant past that could upend numerous vital First Amendment principles.

Traditionalism’s ascendence to the forefront of history-centric constitutional interpretation was heralded in three dramatic cases decided at the end of the U.S. Supreme Court’s October 2021 term. New York State Rifle & Pistol Ass’n v. Bruen elicited particular concern among First Amendment scholars, …