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Articles 1 - 30 of 112
Full-Text Articles in Law
Contents, North Carolina Law Review
Plenary Power In The Modern Administrative State, Catherine Y. Kim
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 immigration decisions within …
The Mirage Of Use Restrictions, Ric Simmons
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
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
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.
More Restrictive Alternatives, Michael Coenen
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 invoke …
Fake News: Potential Solutions To The Online Epidemic, Lee K. Royster
Fake News: Potential Solutions To The Online Epidemic, Lee K. Royster
North Carolina Law Review
No abstract provided.
Constructing Recidivism Risk, Jessica Eaglin
Constructing Recidivism Risk, Jessica Eaglin
AI-DR Collection
Courts increasingly use actuarial—meaning statistically derived—information about a defendant’s likelihood of engaging in criminal behavior in the future at sentencing. This Article examines how developers construct the tools that predict recidivism risk. It exposes the numerous choices that developers make during tool construction with serious consequences to sentencing law and policy. These design decisions require normative judgments concerning accuracy, equality, and the purpose of punishment. Whether and how to address these concerns reflects societal values about the administration of criminal justice more broadly. Currently, developers make these choices in the absence of law, even as they face distinct interests that …
Recent Developments In North Carolina Property Law: Where's The Supreme Court Of North Carolina?, John V. Orth
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.
Solar Financing In North Carolina: The Untapped Potential Of Power Purchase Agreements, Andrew J. Haile
Solar Financing In North Carolina: The Untapped Potential Of Power Purchase Agreements, Andrew J. Haile
North Carolina Law Review
No abstract provided.
Individual Rights, Federalism, And The National Battle Over Bathroom Access, Scott W. Gaylord, Thomas J. Molony
Individual Rights, Federalism, And The National Battle Over Bathroom Access, Scott W. Gaylord, Thomas J. Molony
North Carolina Law Review
No abstract provided.
Chasing Causation: The Fourth Circuit's Americans With Disabilities Act Decision And Proper Causation Standards, Adrianna G. Sarrimanolis
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.
Contents, North Carolina Law Review
Kicking And Screaming: Dragging North Carolina's Direct Constitutional Claims Into The Twenty-First Century, Matthew R. Gauthier
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.
Confusion Demands Clarity: A Short, Complicated History Of Contract-Based Fraud Claims In North Carolina, J. William Graebe
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.
Demand Response’S Three Generations: Market Pathways And Challenges In The Modern Electric Grid, Joel B. Eisen
Demand Response’S Three Generations: Market Pathways And Challenges In The Modern Electric Grid, Joel B. Eisen
North Carolina Journal of Law & Technology
No abstract provided.
An Inclusive Energy Transition: Expanding Low-Income Access To Clean Energy Programs, Melissa Powers
An Inclusive Energy Transition: Expanding Low-Income Access To Clean Energy Programs, Melissa Powers
North Carolina Journal of Law & Technology
No abstract provided.
Grid Modernization And Energy Poverty, Shelley Welton
Grid Modernization And Energy Poverty, Shelley Welton
North Carolina Journal of Law & Technology
No abstract provided.
Crispr Gmos, Paul Enríquez
Crispr Gmos, Paul Enríquez
North Carolina Journal of Law & Technology
No abstract provided.
Contents, North Carolina Law Review
Startup Lawyering 2.0, John F. Coyle, Joseph M. Green
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
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
Crowdfunding Without The Crowd, Darian M. Ibrahim
North Carolina Law Review
No abstract provided.
Trademarks As Entrepreneurial Change Agents For Legal Reform, Deborah M. Gerhardt
Trademarks As Entrepreneurial Change Agents For Legal Reform, Deborah M. Gerhardt
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
North Carolina Law Review
No abstract provided.
Teaching Patents As Real Options, Andrew Chin
Teaching Patents As Real Options, Andrew Chin
North Carolina Law Review
No abstract provided.
Insider Trading And Entrepreneurial Action, D. Gordon Smith
Insider Trading And Entrepreneurial Action, D. Gordon Smith
North Carolina Law Review
No abstract provided.
Data-Driven Discrimination At Work, Pauline T. Kim
Data-Driven Discrimination At Work, Pauline T. Kim
AI-DR Collection
A data revolution is transforming the workplace. Employers are increasingly relying on algorithms to decide who gets interviewed, hired, or promoted. Although data algorithms can help to avoid biased human decision-making, they also risk introducing new sources of bias. Algorithms built on inaccurate, biased, or unrepresentative data can produce outcomes biased along lines of race, sex, or other protected characteristics. Data mining techniques may cause employment decisions to be based on correlations rather than causal relationships; they may obscure the basis on which employment decisions are made; and they may further exacerbate inequality because error detection is limited and feedback …
Uber And The Communications Decency Act: Why The Ride-Hailing App Would Not Fare Well Under § 230, Adeline A. Allen
Uber And The Communications Decency Act: Why The Ride-Hailing App Would Not Fare Well Under § 230, Adeline A. Allen
North Carolina Journal of Law & Technology
No abstract provided.
Exporting Components Of Patented Products: A Unique Way To Infringe, Michael A. Sanzo
Exporting Components Of Patented Products: A Unique Way To Infringe, Michael A. Sanzo
North Carolina Journal of Law & Technology
No abstract provided.