Law Commons^™

Unconstitutional Emoluments: The Emoluments Clauses Of The North Carolina Constitution, John V. Orth

North Carolina Law Review

No abstract provided.

Victims Under Attack: North Carolina's Flawed Rule 609, Daniel R. Tilly

North Carolina Law Review

No abstract provided.

The Myth Of Common Law Crimes, Carissa Byrne Hessick

Faculty Publications

Conventional wisdom tells us that, after the United States was founded, we replaced our system of common law crimes with criminal statutes and that this shift from common law to codification vindicated important rule-of-law values. But this origin story is false on both counts. The common law continues to play an important role in modern American criminal law, and to the extent that it has been displaced by statutes, our justice system has not improved. Criminal statutes regularly delegate questions about the scope of criminal law to prosecutors, and judges have failed to serve as a check on that power. …

Future Work, Jeffrey M. Hirsch

AI-DR Collection

The Industrial Revolution. The Digital Age. These revolutions radically altered the workplace and society. We may be on the cusp of a new era—one that will rival or even surpass these historic disruptions. Technology such as artificial intelligence, robotics, virtual reality, and cutting-edge monitoring devices are developing at a rapid pace. These technologies have already begun to infiltrate the workplace and will continue to do so at ever increasing speed and breadth.

This Article addresses the impact of these emerging technologies on the workplace of the present and the future. Drawing upon interviews with leading technologists, the Article explains the …

Algorithms At Work: Productivity Monitoring Applications And Wearable Technology As The New Data-Centric Research Agenda For Employment And Labor Law, Ifeoma Ajunwa

AI-DR Collection

Recent work technology advancements such as productivity monitoring platforms and wearable technology have given rise to new organizational behavior regarding the management of employees and also prompt new legal questions regarding the protection of workers’ privacy rights. In this Essay, I argue that the proliferation of productivity monitoring applications and wearable technologies will lead to new legal controversies for employment and labor law. In Part I, I assert that productivity monitoring applications will prompt a new reckoning of the balance between the employer’s pecuniary interests in monitoring productivity and the employees’ privacy interests. Ironically, such applications may also be both …

Contents, North Carolina Journal Of International Law

North Carolina Journal of International Law

No abstract provided.

The Past As Present, Unlearned Lessons And The (Non-) Utility Of International Law, Susan M. Akram

North Carolina Journal of International Law

No abstract provided.

Unconventional Actors, Kaci Bishop

North Carolina Journal of International Law

Asylum cases involving domestic violence or gang-related violence already had high burdens to overcome, but in the summer of 2018, their underlying theories were inverted and pulled out from underneath them with Matter of A-B-. The case involved a woman who had sought asylum in the United States for persecution by her ex-husband on account of her being a member of the particular social group of “El Salvadoran women who are unable to leave their domestic relationships where they have children in common.” Matter of A-B- narrowed the possible protected grounds for asylum and overruled BIA precedent that recognized …

Environmental Refugees? Rethinking What's In A Name, Elizabeth Keyes

North Carolina Journal of International Law

No abstract provided.

Climate Change, Migration, Law And Global Governance, Elizabeth Ferris

North Carolina Journal of International Law

No abstract provided.

Becoming Unconventional: Correcting The 'Particular Social Group' Ground For Asylum, Fatma Marouf

North Carolina Journal of International Law

No abstract provided.

Bias In, Bias Out, Sandra G. Mason

AI-DR Collection

Police, prosecutors, judges, and other criminal justice actors increasingly use algorithmic risk assessment to estimate the likelihood that a person will commit future crime. As many scholars have noted, these algorithms tend to have disparate racial impact. In response, critics advocate three strategies of resistance: (1) the exclusion of input factors that correlate closely with race, (2) adjustments to algorithmic design to equalize predictions across racial lines, and (3) rejection of algorithmic methods altogether.

This Article’s central claim is that these strategies are at best superficial and at worst counterproductive, because the source of racial inequality in risk assessment lies …

Communication Addressing North Carolina’S Role In The Cia’S Extraordinary Rendition And Torture Program And Request For Coordinated Measures Including State Visit, Investigations, And International Condemnation, Deborah M. Weissman

Faculty Publications

No abstract provided.

The Prosecutors And Politics Project Study Of Campaign Contributions In Prosecutorial Elections, Carissa B. Hessick, Prosecutors And Politics Project

Faculty Publications

The Prosecutors and Politics Project has compiled a database that identifies who contributed to prosecutor elections and the amount of their donations. Campaign contribution information is often publicly available, but the format of that information varies from state to state, the information is often scattered across multiple sources and the information is sometimes incomplete. The Project has compiled this fragmented data into a single nationwide database that will allow sustained study about who contributes to prosecutor campaigns and the amount of contributions.

This report summarizes and analyzes some of the data from the database. The report will be updated as …

Report On Reparations For Victims Of Extraordinary Rendition And Torture, Deborah M. Weissman

Faculty Publications

No abstract provided.

Diy Crispr, Christi J. Guerrini, G. Evan Spencer, Patricia J. Zettler

North Carolina Law Review

No abstract provided.

Gene Therapy's Field Of Dreams: If You Build It, Will We Pay?, Laura Hercher, Anya E.R. Prince

North Carolina Law Review

No abstract provided.

Human Gene-Editing Research: Is The Future Here Yet?, Nancy M. P. King

North Carolina Law Review

No abstract provided.

Somatic Genome Editing In Sickle Cell Disease: Rewriting A More Just Future, Vence L. Bonham, Lisa E. Smilan

North Carolina Law Review

No abstract provided.

Before We Make A Pig's Ear Of It: How North Carolina Hog-Farming Nuisance Suits Provide Context For The Ethics Of Gene Editing Livestock, Karen M. Meagher, Paul B. Thompson

North Carolina Law Review

No abstract provided.

Editing Humanity: On The Precise Manipulation Of Dna In Human Embryos, Paul Enríquez

North Carolina Law Review

No abstract provided.

The Pick-And-Shovel Play: Bioethics For Gene-Editing Vector Patents, Jacob S. Sherkow, Christopher Thomas Scott

North Carolina Law Review

No abstract provided.

Replacement Or Reduction Of Gene-Edited Animals In Biomedical Research: A Comparative Ethics And Policy Analysis, Matthias Eggel, Rebecca L. Walker

North Carolina Law Review

No abstract provided.

Governing Extinction In The Era Of Gene Editing, Jonas J. Monast

North Carolina Law Review

No abstract provided.

Legal And Ethical Implications Of Crispr Applications In Psychiatry, Alexandra L. Foulkes, Takahiro Soda, Martilias Farrell, Paola Giusti-Rodríguez, Gabriel Lázaro-Muñoz

North Carolina Law Review

No abstract provided.

Contents, North Carolina Law Review

North Carolina Law Review

No abstract provided.

Introduction: A Lawyer's Guide To Crispr, John M. Conley

North Carolina Law Review

No abstract provided.

Owning Colors, Deborah R. Gerhardt, John Mcclanahan Lee

Faculty Publications

Part I of this article explores how different disciplines have contended with understanding color as a signifier of embodied and referential meaning. As a path towards understanding embodied meaning, we summarize what scientific literature teaches about the process behind color vision and biological responses to different color wavelengths. We then turn to the referential or learned meaning of colors. The scholarly literature from psychology, art, religious history, marketing, political science, and behavioral economics overwhelmingly supports the proposition that color sends varied and contradictory expressive signals that are elastic over time and cultural context. Given the many possible and contradictory messages …

Quasi-Sovereign Standing, F. Andrew Hessick

Faculty Publications

This essay proceeds in five Parts. Part I describes the three strands of state standing. It focuses particularly on parens patriae standing to assert quasi-sovereign interests. Part II criticizes the parens patriae framework. It argues that states hold quasi-sovereign interests and accordingly should have direct standing to assert them. Part III argues that states should be able to assert these interests against the United States because of the unique role that states play in our federal system. Part IV argues that recognizing state standing to bring these suits is consistent with the separation of powers theories underlying standing doctrine. Part …

Academic Espionage: Striking The Balance Between Open And Collaborative Universities And Protecting National Security, Erin N. Grubbs

North Carolina Journal of Law & Technology

American universities and research laboratories strive to foster open, collaborative spaces, where students from all over the world can come to learn from leading academics in their field of study. However, some people believe this open and collaborative environment is threatened by international students who are coming not to add to the environment, but rather to take from it. Academic espionage is not a new problem, but it is a problem that the Trump administration and Congress are working diligently to solve. Lawmakers, administrative agencies, and universities are striving to determine whether there are enough safeguards in place to protect …