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University of North Carolina School of Law

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Articles 1111 - 1140 of 8816

Full-Text Articles in Law

Sixth Amendment Sentencing After Hurst, Carissa Byrne Hessick, W. W. Berry Apr 2019

Sixth Amendment Sentencing After Hurst, Carissa Byrne Hessick, W. W. Berry

Faculty Publications

The U.S. Supreme Court’s 2016 decision in Hurst v. Florida, which struck down Florida’s capital sentencing scheme, altered the Court’s Sixth Amendment sentencing doctrine. That doctrine has undergone several important changes since it was first recognized. At times the doctrine has expanded, invalidating sentencing practices across the country, and at times it has contracted, allowing restrictions on judicial sentencing discretion based on findings that are not submitted to a jury. Hurst represents another expansion of the doctrine. Although the precise scope of the decision is unclear, the most sensible reading of Hurst suggests that any finding required before a …


“I Was On My Own:” Reconsidering The Regulatory Framework For Family Support During College, Julia Barnard, Jess Dorrance, Kate Sablosky Elengold, David Ansong Apr 2019

“I Was On My Own:” Reconsidering The Regulatory Framework For Family Support During College, Julia Barnard, Jess Dorrance, Kate Sablosky Elengold, David Ansong

Faculty Publications

No abstract provided.


Contents, North Carolina Journal Of International Law Apr 2019

Contents, North Carolina Journal Of International Law

North Carolina Journal of International Law

No abstract provided.


In The Right Direction: Family Diversity In The Inter-American System Of Human Rights, Macarena Saez Apr 2019

In The Right Direction: Family Diversity In The Inter-American System Of Human Rights, Macarena Saez

North Carolina Journal of International Law

No abstract provided.


Sexual Orientation And Gender Identity In Inter-American Human Rights Law, Jorge Contesse Apr 2019

Sexual Orientation And Gender Identity In Inter-American Human Rights Law, Jorge Contesse

North Carolina Journal of International Law

No abstract provided.


Human Rights And Substantive Equality: Prospects For Same-Sex Relationship Recognition In Hong Kong, Kelley Loper Apr 2019

Human Rights And Substantive Equality: Prospects For Same-Sex Relationship Recognition In Hong Kong, Kelley Loper

North Carolina Journal of International Law

No abstract provided.


Yogyakarta Plus 10: A Demand For Recognition Of Sogiesc, Andrew Park Apr 2019

Yogyakarta Plus 10: A Demand For Recognition Of Sogiesc, Andrew Park

North Carolina Journal of International Law

No abstract provided.


North Carolina And The Genius Of The Common Law, John V. Orth Apr 2019

North Carolina And The Genius Of The Common Law, John V. Orth

Faculty Publications

No abstract provided.


Was It Worth It: The Complexities And Contradiction In Assessing The Value Of Higher Education, Kate Sablosky Elengold, Jess Dorrance, Julia Barnard, David Ansong Apr 2019

Was It Worth It: The Complexities And Contradiction In Assessing The Value Of Higher Education, Kate Sablosky Elengold, Jess Dorrance, Julia Barnard, David Ansong

Faculty Publications

No abstract provided.


Opioid Policing, Barbara A. Fedders Apr 2019

Opioid Policing, Barbara A. Fedders

Faculty Publications

This Article identifies and explores a new, local law enforcement approach to alleged drug offenders. Initially limited to a few police departments, but now expanding rapidly across the country, this innovation takes one of two primary forms. The first is a diversion program through which officers refer alleged offenders to community-based social services rather than initiate criminal proceedings. The second form offers legal amnesty as well as priority access to drug detoxification programs to users who voluntarily relinquish illicit drugs. Because the upsurge in addiction to — and death from — opioids has spurred this innovation, I refer to it …


"Catch A Falling Star": The Bluebook And Citing Blackstone's Commentaries, John V. Orth Apr 2019

"Catch A Falling Star": The Bluebook And Citing Blackstone's Commentaries, John V. Orth

Faculty Publications

Sir William Blackstone’s four-volume Commentaries on the Laws of England, first published in 1765–1769, is one of the most frequently cited books in the history of the common law. In America, from the eighteenth-century debates over ratification of the U.S. Constitution to twenty-first century U.S. Supreme Court decisions, Blackstone has been repeatedly recognized as an authoritative source for English law. Generations of editors have kept his book continually in print, regularly updating it with scholarly notes. So many editions of the Commentaries appeared over the years that a special citation form emerged. From the first edition of the Bluebook …


The Future Of Blockchain: As Technology Spreads, It May Warrant More Privacy Protection For Information Stored With Blockchain, Ashley N. Longman Mar 2019

The Future Of Blockchain: As Technology Spreads, It May Warrant More Privacy Protection For Information Stored With Blockchain, Ashley N. Longman

North Carolina Banking Institute

No abstract provided.


Is The United States Becoming The “New Switzerland”?: Why The United States’ Failure To Adopt The Oecd’S Common Reporting Standard Is Helping It Become A Tax Haven, Rachel E. Brinson Mar 2019

Is The United States Becoming The “New Switzerland”?: Why The United States’ Failure To Adopt The Oecd’S Common Reporting Standard Is Helping It Become A Tax Haven, Rachel E. Brinson

North Carolina Banking Institute

No abstract provided.


Tearin’ Up Iheart: The Recent Trend With Troubled Companies And The Unrestricted Subsidiary Transfer Tactic, Brad Cheek Mar 2019

Tearin’ Up Iheart: The Recent Trend With Troubled Companies And The Unrestricted Subsidiary Transfer Tactic, Brad Cheek

North Carolina Banking Institute

No abstract provided.


The High Cost Of Low Supervision: How Servicemembers Will Inevitably Pay For The Cfpb’S Reactive Approach To The Military Lending Act, Courtney C. Cornelius Mar 2019

The High Cost Of Low Supervision: How Servicemembers Will Inevitably Pay For The Cfpb’S Reactive Approach To The Military Lending Act, Courtney C. Cornelius

North Carolina Banking Institute

No abstract provided.


The Modern Threat: Data Breaches, Security Measures, And A Call For Changes, Zachary N. Layne Mar 2019

The Modern Threat: Data Breaches, Security Measures, And A Call For Changes, Zachary N. Layne

North Carolina Banking Institute

No abstract provided.


“Super Lien” Doesn’T Mean Super Risk: Money Market Intermediation, Security Interests, Federal Home Loan Bank Lien Protections And Systemic Risk, Jonathan A. Scott, Reginald T. O'Shields Mar 2019

“Super Lien” Doesn’T Mean Super Risk: Money Market Intermediation, Security Interests, Federal Home Loan Bank Lien Protections And Systemic Risk, Jonathan A. Scott, Reginald T. O'Shields

North Carolina Banking Institute

No abstract provided.


An Attempt To Negate Iranian Sanctions: How Special Purpose Vehicles May Be The Eu’S Last Hope To Keep The Jcpoa Alive, Alexandria Ter Avest Mar 2019

An Attempt To Negate Iranian Sanctions: How Special Purpose Vehicles May Be The Eu’S Last Hope To Keep The Jcpoa Alive, Alexandria Ter Avest

North Carolina Banking Institute

No abstract provided.


Merger, Huh, What Is It Good For: The Impacts Of Credit Union Mergers, T. Nute Thompson Mar 2019

Merger, Huh, What Is It Good For: The Impacts Of Credit Union Mergers, T. Nute Thompson

North Carolina Banking Institute

No abstract provided.


Tribal Lending Under Cfpb Enforcement: Tribal Sovereign Immunity And The “True Lender” Distinction, Brianne Marino Glass Mar 2019

Tribal Lending Under Cfpb Enforcement: Tribal Sovereign Immunity And The “True Lender” Distinction, Brianne Marino Glass

North Carolina Banking Institute

No abstract provided.


Banking At The Fed With Fedaccounts: The Demise Of Commercial Banks?, E. Kylie Norman Mar 2019

Banking At The Fed With Fedaccounts: The Demise Of Commercial Banks?, E. Kylie Norman

North Carolina Banking Institute

No abstract provided.


How Neuroscience Technology Is Changing Our Understanding Of Brain Injury, Vegetative States And The Law, Glenn R. Butterton Mar 2019

How Neuroscience Technology Is Changing Our Understanding Of Brain Injury, Vegetative States And The Law, Glenn R. Butterton

North Carolina Journal of Law & Technology

The author examines clinical studies that use neuroscience technology to study patients in Vegetative States. The studies indicate that some of the patients are, in fact, conscious. The author suggests that this finding is a matter of considerable practical importance for the drafting and execution of end-of-life protocols such as Advance Directives and Living Wills. He recommends that statutes, and other guidance used by patients, caregivers, medical institutions, family members and others to draft and interpret such Directives and Wills, be revised or amended to take account of these results.


Robo-Advisers Jumping On The Bandwagon: Yet Another Cry For A Uniform Standard, Jake G. Rifkin Mar 2019

Robo-Advisers Jumping On The Bandwagon: Yet Another Cry For A Uniform Standard, Jake G. Rifkin

North Carolina Law Review

No abstract provided.


The Earth Belongs To The Living, Or At Least It Should: The Troubling Difficulty Of Modifying Antitrust Consent Decrees, Paul H. Sukenik Mar 2019

The Earth Belongs To The Living, Or At Least It Should: The Troubling Difficulty Of Modifying Antitrust Consent Decrees, Paul H. Sukenik

North Carolina Law Review

No abstract provided.


Front Matter, North Carolina Banking Institute Mar 2019

Front Matter, North Carolina Banking Institute

North Carolina Banking Institute

No abstract provided.


Cryptocurrency And Financial Regulation: The Sec’S Rejection Of Bitcoin-Based Etps, Marion A. Brown Mar 2019

Cryptocurrency And Financial Regulation: The Sec’S Rejection Of Bitcoin-Based Etps, Marion A. Brown

North Carolina Banking Institute

No abstract provided.


Sec You Later: Eliminating The Bank Holding Company And Reducing Sec Oversight Under Section 3(A)(2), Blake Leger Mar 2019

Sec You Later: Eliminating The Bank Holding Company And Reducing Sec Oversight Under Section 3(A)(2), Blake Leger

North Carolina Banking Institute

No abstract provided.


Not All Securitizations Are Equal: Risk Retention For Commercial Mortgage-Backed Securitization In An Era Of Deregulation, Devon R. Tucker Mar 2019

Not All Securitizations Are Equal: Risk Retention For Commercial Mortgage-Backed Securitization In An Era Of Deregulation, Devon R. Tucker

North Carolina Banking Institute

No abstract provided.


Banks And Guns: Social Activism Following The Parkland, Florida Shooting, Erin A. Catlett Mar 2019

Banks And Guns: Social Activism Following The Parkland, Florida Shooting, Erin A. Catlett

North Carolina Banking Institute

No abstract provided.


Disclosure And Acknowledgements, North Carolina Banking Institute Mar 2019

Disclosure And Acknowledgements, North Carolina Banking Institute

North Carolina Banking Institute

No abstract provided.