Law Commons^™

Front Matter, North Carolina Law Review

North Carolina Law Review

No abstract provided.

What Genetic Testing Teaches About Predictive Health Analytics Regulation, Sharona Hoffman

North Carolina Law Review

No abstract provided.

"Be My Baby": A Surrogacy Law Proposal For North Carolina, Katherine C. Richardson

North Carolina Law Review

No abstract provided.

Mal-Who? Mal-What? Mal-Where? The Future Cyber-Threat Of A Non-Fiction Neuromancer: Legally Un-Attributable, Cyberspace-Bound, Decentralized Autonomous Entities, Jonathan A. Schnader

North Carolina Journal of Law & Technology

For decades, science fiction writers have tackled philosophical and existential questions arising from the creation of artificial intelligence (“AI”) by human beings. AI, however, is no longer a fictional concept, but rather an evolving part of modern society. How will AI systems impact United States’ national security interests? Considering the increased national security threat coming from actors in cyberspace, policymakers should consider the cybersecurity risk of AI systems that operate entirely in cyberspace. This article opines that a serious threat to national security will arise from a cyberspace-bound, decentralized autonomous entity (“CyDAE”) because of the “unexplainability” of current AI system …

The Influencers: Facebook's Libra, Public Blockchains, And The Ethical Considerations Of Centralization, Michele Benedetto Neitz

North Carolina Journal of Law & Technology

The theoretical promise of blockchain technology is truly extraordinary: a peer-to-peer distributed immutable ledger that could revolutionize economies, societies, and even our daily lives. But what if blockchain technology is not as decentralized as people think? What are the ramifications if, in reality, a blockchain’s core decisions are actually influenced by small groups of people or corporations?

This short article seeks to answer that question, by demonstrating that decentralized public blockchains are only as immutable as the decentralization of their governance. Moreover, the announcement of Libra, Facebook’s new permissioned blockchain, shows a growing trend of centralized control around decentralized technologies. …

From Amazon's Domination Of E-Commerce To Its Foray Into Patent Litigation: Will Amazon Succeed As "The District Of Amazon Federal Court"?, Kaity Y. Emerson

North Carolina Journal of Law & Technology

Modern-day consumers often expect instant gratification. Instead of shopping via printed catalogues and retail stores, consumers flock to the convenience of online shopping platforms, like Amazon. On these platforms, consumers have instant access to items they need, anytime, and anywhere. The popularity of these platforms to both consumers and sellers of items has also ushered in a wave of counterfeit products to these platforms. Technology giant Amazon has a pervasive counterfeit problem that has been harming the legitimacy of its retail operation for some time. Amazon had previously employed a hands-off approach to counterfeits and left sellers to resolve disputes …

Temporal Equal Protection, David A. Super

North Carolina Law Review

No abstract provided.

The Great Unfulfilled Promise Of Tinker, Mary-Rose Papandrea

Faculty Publications

The most famous line from Tinker v. Des Moines Independent School District is that “[i]t can hardly be argued that either students or teachers shed their constitutional rights to freedom of speech or expression at the schoolhouse gate.” 393 U.S. 503, 506. People who know only this line from Tinker—and the victory it gave to the Vietnam-war protesting students—likely think of it as an incredibly speech-protective decision. It turns out that although Tinker contains lofty language about the importance of student speech rights, it sowed the seeds for the erosion of those very same rights. In the past …

A Fifa Soap Opera: Scandal, Corruption, Crime . . . And Reformation?, Allison Cottle

North Carolina Journal of International Law

No abstract provided.

The Court Of Arbitration For Sport: Where Are The Sidelines To Its Authority?, Kendall Thielemann

North Carolina Journal of International Law

No abstract provided.

Regulating Offshore Energy: Europe As A Model For Regulation, Alyssa Wright

North Carolina Journal of International Law

No abstract provided.

Five Eyes: Unblinking, Unmoving, And Out Of Control, Braden Couch

North Carolina Journal of International Law

No abstract provided.

Assessing The Efficacy Of The Bayh-Dole Act Through The Lens Of University Technology Transfer Offices (Ttos), David Orozco

North Carolina Journal of Law & Technology

Universities are unique environments that thrive on the research and curiosity of faculty and students. To disseminate knowledge and potentially derive lucrative sources of funding, universities have aggressively entered the field of technology commercialization and patenting. The passage of the Bayh-Dole Act was instrumental to encourage this activity and the result has been an explosion of university-related patenting. This activity comes at a social cost, however, since patents restrict knowledge transfers and may create deadweight losses. These costs are amplified if technology transfer office (TTO) activities are viewed from a narrow financial or cost-benefit viewpoint. As demonstrated in this study, …

Front Matter, North Carolina Journal Of Law & Technology

North Carolina Journal of Law & Technology

No abstract provided.

Facebook's "Oversight Board:" Move Fast With Stable Infrastructure And Humility, Evelyn Douek

North Carolina Journal of Law & Technology

Facebook’s proposed Oversight Board is one of the most ambitious constitution-making projects of the modern era. With pre-existing governance of tech platforms delegitimized in the ongoing “techlash,” this represents a pivotal moment when new constitutional forms can emerge that will shape the future of online discourse. For all the potential of the Facebook Oversight Board (FOB), there are many things it cannot be. It will not hear a sufficient proportion of Facebook’s content moderation cases to be a meaningful response to calls for greater due process in individual decisions. Nor will it be able to become a font of globally …

Auctioning Airspace, Brent Skorup

North Carolina Journal of Law & Technology

The commercialization of air taxis and autonomous passenger drones will one day congest urban airspace. Operators expect that, once flights are autonomous and the cost of service falls, high-traffic urban “vertiports” could see hundreds of air taxi takeoffs and landings per hour. Low-altitude airspace—between 200 feet and 5,000 feet above ground level—offers a relatively blank slate to explore new regulatory models for air traffic management and avoid command-and-control mistakes made in the past in aviation. Regulators’ current proposals would centralize air taxi traffic management into a single system to coordinate air taxi traffic, but this approach likely creates technology lock-in …

Banking On Blockchain, Lissa L. Broome

North Carolina Journal of Law & Technology

No abstract provided.

(Under)Enforcement Of Poor Tenants' Rights, Kathryn A. Sabbeth

Faculty Publications

Millions of tenants in the United States reside in substandard housing conditions ranging from toxic mold to the absence of heat, running water, or electricity. These conditions constitute blatant violations of law. The failure to maintain housing in habitable condition can violate the warranty of habitability, common law torts, and, in some cases, consumer protection and antidiscrimination statutes. Well-settled doctrine allows for tenants’ private rights of action and government enforcement. Yet the laws remain underenforced.

This Article demonstrates that the reason for the underenforcement is that the tenants are poor. While the right to safe housing extends to all tenants, …

"Surviving Through Together": Hunger, Poverty And Persistence In High Point, North Carolina, Heather Hunt, Gene R. Nichol

Faculty Publications

No abstract provided.

Just Outside Of Manteo And Murphy, Matthew L. Farley

North Carolina Law Review

No abstract provided.

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.

Contents, North Carolina Law Review

North Carolina Law Review

No abstract provided.

The Location Of Holographic Wills, Kevin Bennardo, Mark Glover

North Carolina Law Review

No abstract provided.

The Constant And Expanding Classroom: Surveillance In K-12 Public Schools, Barbara Fedders

North Carolina Law Review

No abstract provided.

The Integration Of Unc-Chapel Hill -- Law School First, Donna L. Nixon

North Carolina Law Review

No abstract provided.

Not Quite 'A New Hope' -- Privacy Issues Surrounding North Carolina's New Opiod Prescription Monitoring Statute, Darpan N. Patel

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 …