Law Commons^™

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.

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

Faculty Publications

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, …

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 …

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 …

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.

Contents, North Carolina Journal Of International Law

North Carolina Journal of International Law

No abstract provided.

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

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.

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 Byrne 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 …

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

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.

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.

Contents, North Carolina Law Review

North Carolina Law Review

No abstract provided.