Law Commons^™

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

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.

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.

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

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.

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.

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.

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

Faculty Publications

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 …

Recent Privacy Law Developments With Major Implications For Medical And Scientific Research, John M. Conley

North Carolina Journal of Law & Technology

No abstract provided.

Out-Teching Products Liability: Reviving Strict Products Liability In An Age Of Amazon, Ryan Bullard

North Carolina Journal of Law & Technology

From humble beginnings as an internet start-up in the mid–1990s, Amazon has transformed itself into the prodigious and omnipresent e-commerce Leviathan of the early twenty-first century, cashing in on a society and economy increasingly comfortable with — and dependent on — technology-based services. In addition to its recent forays into brick-and-mortar grocery stores, film and television production, fast-fashion, cloud computing, consumer data analytics, and delivery and logistics services, Amazon is most well-known as the force behind a multi-billion dollar online marketplace where its own products are listed for sale next to products listed by third-party vendors.

Grievous injuries and property …

Someone Else May Own A Piece Of You: Lack Of Federal Regulation Over Direct-To-Consumer Dna Test Kits, Alexander (Zan) Eric Newkirk

North Carolina Journal of Law & Technology

Direct-to-consumer DNA test kits, such as those sold by Ancestry and 23andMe, are now more popular than ever. These test kits require a consumer to submit a personal DNA sample in exchange for detailed results about the consumer’s ancestry. Although about half of the United States has a genetic privacy law, they vary in strictness and applicability to direct-to-consumer DNA test kits. There is currently no federal law regulating the test kit companies’ control over the DNA samples they collect, leaving the direct-to-consumer DNA test kit industry largely self-regulated. The company policies which regulate their own control over consumer DNA …

Stuck Between A Caaf And A Hard Place: The Coram Nobis Petition Of Private Ronald Gray And The Weakening Of Military Justice, William R. Cauley

North Carolina Law Review

No abstract provided.

Contents, North Carolina Law Review

North Carolina Law Review

No abstract provided.

Tort Answers To The Problem Of Corporate Criminal Mens Rea, Erin L. Sheley

North Carolina Law Review

No abstract provided.

Regulating Physician Speech, Carl H. Coleman

North Carolina Law Review

No abstract provided.

One Size Only Fits Some: Presuming Custody For The Involuntarily Committed, David B. Wall

North Carolina Law Review

No abstract provided.

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 …

Cryptocurrency Mining: The Challenges It Faces And How Regulations Can Help, Killian Steer

North Carolina Journal of Law & Technology

The prevalence and importance of cryptocurrency has significantly increased since the introduction of Bitcoin just over ten years ago. Today, there are over 1,000 different cryptocurrencies, and recently the combined market capitalization of these cryptocurrencies peaked at over 750 billion dollars. A critical component of any cryptocurrency is the transaction verification through mining. However, cryptocurrency mining is facing significant challenges that must be solved in order for cryptocurrencies to continue their growth. Therefore, this recent development proposes regulations to address four specific challenges faced by cryptocurrency mining: energy consumption, miner consolidation, encryption security, and miner income volatility.

Controversy In Health Care: A Hard Look At North Carolina's Certificate Of Need Laws, Suzanne L. Zelenka

North Carolina Journal of Law & Technology

As health care costs continue to rise in the United States, patients are frequently exposed to unaffordable and unpredictable medical bills. In North Carolina, diagnostic imaging services such as MRI scans can cost patients more than a month’s income. In response to this, physicians like Dr. Singh of Winston-Salem, North Carolina, have attempted to part ways with major hospitals in order to offer quality medical procedures at lower, transparent prices. In states like North Carolina, however, Certificate of Need (“CON”) requirements prevent them from doing so by denying entities the ability to purchase major medical equipment or to open new …

Negotiating The Federal Government's Compliance With Court Orders: An Initial Exploration, Nicholas R. Parrillo

North Carolina Law Review

No abstract provided.

Ultimate Discrimination?: Sunday Play, Sports Schedules, And Evaluating The Effectiveness Of Anti-Discrimination Laws, Graham F. Whittington

North Carolina Law Review

No abstract provided.

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 …

The Interior Structure Of Immigration Enforcement, Eisha Jain

Faculty Publications

Deportation dominates immigration policy debates, yet it amounts to a fraction of the work the immigration enforcement system does. This Article maps the interior structure of immigration enforcement, and it seeks to show how attention to its structure offers both practical and conceptual payoffs for contemporary enforcement debates. First, deportation should not be conceptualized as synonymous with immigration enforcement; rather, it is merely the tip of a much larger enforcement pyramid. At the pyramid’s base, immigration enforcement operates through a host of initiatives that build immigration screening into common interactions, such as with police and employers. Second, this enforcement structure …

Introduction To The Colloquium On Lgbtqi Rights, Holning Lau

North Carolina Journal of International Law

No abstract provided.

Front Matter, North Carolina Journal Of Law & Technology

North Carolina Journal of Law & Technology

No abstract provided.

The Building Blocks Of Blockchain, Deborah Ginsberg

North Carolina Journal of Law & Technology

Blockchain. The term is ubiquitous—it’s going to protect everyone’s data, provide the backbone of every supply chain, make every contract smart, and so much more. But what is blockchain, actually? And can it really do all of this? (No.)

This article is for those who want to learn the basics about this technology. I will describe the essential fundamentals of Bitcoin, other cryptocurrencies, and blockchain. I will explore the technology behind blockchain, including an explanation of what “mining” is and how it helps users trust information on a blockchain. I will also explain some of the ways that blockchain is …

Tulips, Oranges, Worms, And Coins -- Virtual, Digital, Or Crypto Currency And The Securities Laws, Thomas Lee Hazen

North Carolina Journal of Law & Technology

This Article examines the applicability of the federal securities laws to digital currencies. Although some enforcement actions have been brought by the SEC, digital currency transactions remain largely unregulated. The securities laws contain a broad definition of what constitutes a security. Finding a security to exist triggers many regulatory provisions of the securities laws. There is considerable case law interpreting the now well-developed test for what constitutes an “investment contract” leading to the finding that a security exists. However, to date, there is sparse authority applying the securities laws to virtual, digital, or crypto currencies. This article examines the investment …

Blockchain Havens And The Need For Their Internationally-Coordinated Regulation, Omri Marian

North Carolina Journal of Law & Technology

This paper describes the rise of a new form of regulatory havens. Jurisdictions that have traditionally been characterized as “tax havens” are gradually becoming hubs for blockchain-based ventures. These jurisdictions attract blockchain entrepreneurs by offering refuge from regulatory and tax burdens imposed by developed economies. These new “Blockchain Havens” create a regulatory “race to the bottom” that is traditionally associated with the world of international tax evasion and avoidance.

Over the past several years, developed economies have put to use—mostly through coordinated efforts—several regulatory frameworks aimed to address some of the negative effects of tax havens. These regulatory instruments are …