Law Commons^™

About A Revolution: Toward Integrated Treatment In Drug And Mental Health Courts, Sara Gordon

North Carolina Law Review

No abstract provided.

Lots Of Squeeze, Little (Or No) Juice: North Carolina's Habitual Misdemeanor Larcency Statute, A Law Where Results Do Not Justify Costs, William O. Walker

North Carolina Law Review

No abstract provided.

Contents, North Carolina Law Review

North Carolina Law Review

No abstract provided.

Who Owns The Confederate Monument In Winston-Salem?, Gwen Barlow

North Carolina Law Review

No abstract provided.

The Application Of Federal Tax Law In North Carolina Tax Cases, William W. Nelson

North Carolina Law Review

No abstract provided.

Hemp On The Horizon: The 2018 Farm Bill And The Future Of Cbd*, Shannon Smith

North Carolina Law Review

No abstract provided.

The Religious Exemption Loophole: A Building Public Health Crisis In North Carolina, Brian Champion

North Carolina Law Review

No abstract provided.

Cyber Pickpockets: Blockchain, Cryptocurrency, And The Law Of Theft, Henry S. Zaytoun

North Carolina Law Review

No abstract provided.

Toward The "Fullest Freedom": Defining Section 7 Stakeholders In Nlrb Unit Determinations, Thomas J. Zamadics

North Carolina Law Review

No abstract provided.

Contents, North Carolina Law Review

North Carolina Law Review

No abstract provided.

Liberty's Limits & Editing Humanity, Alexandra L. Foulkes

North Carolina Law Review

No abstract provided.

Tully V. City Of Wilmington: A Fundamental Right To Be Treated Reasonably At Work, James W. Whalen

North Carolina Law Review

No abstract provided.

Can Soft Regulation Prevent Financial Crises?: The Dutch Central Bank's Supervision Of Behavior And Culture, John M. Conley, Lodewijk Smeehuijzen, Cynthia A. Williams, Deborah E. Rupp

Faculty Publications

Financial regulation has traditionally been "hard": national legislatures and regulators (and sometimes international bodies) require certain kinds of behavior and forbid others, on pain of business sanctions, fines, or even criminal penalties. When a financial crisis happens, the usual after-the-fact response is more hard regulation-new laws, stricter regulations, and often entirely new regulatory agencies. That pattern goes back at least to the 1929 market crash that precipitated the Great Depression.

But the fact that financial crises still occur is leading many observers to wonder if more hard regulation is the best way to prevent the next one. However elaborate the …

Electricity Competition And The Public Good: Rethinking Markets And Monopolies, Jonas J. Monast

Faculty Publications

The United States electricity sector is engaged in a long-term experiment regarding the proper role of market competition. Many states that transitioned to competitive electricity markets in the early 2000s are again reconsidering the relationship between market competition and public policy goals. Low natural gas prices, falling costs of renewable energy and energy storage, and improvements in efficiency are causing early retirements of coal and nuclear power plants and thus affecting environmental policy goals and economic interests. States that continue to rely on monopoly utilities for electricity are also reconsidering the role of competition, but from a different angle. Rather …

Race, Space And Democracy: Locally-Based Strategies For Development -- Panel Discussion From Fourth National People Of Color Legal Scholarship Conference, Hosted At The American University Washington College Of Law, Audrey Mcfarlane, Erika K. Wilson, Ezra Rosser, Michèle Alexander

Faculty Publications

No abstract provided.

The Future Of Administrative Deference, F. Andrew Hessick

Faculty Publications

If one looks at how law affects day-to-day life, administrative law is arguably the most important area of law. Agencies make most laws and adjudicate most disputes. Despite its importance, administrative law is very unsettled. While the basic rules of tort and property law have not changed much over the past one hundred years, that is not the case for administrative law. There are still fights today over the scope of agency power and even the constitutionality of agency action.

Criminal Clear Statement Rules, Carissa Byrne Hessick, Joseph E. Kennedy

Faculty Publications

There is a broad consensus in the criminal justice community that our criminal statutes are a mess: They are imprecise, overly broad, and overly punitive. Legislatures write these laws because there are significant political incentives for them to be “tough on crime” and few incentives for them to write carefully crafted laws. The problems of over-criminalization thus seem to be both a predictable yet intractable consequence of the incentives that legislatures face. But this Article offers a novel solution: Judges should develop new clear statement rules to interpret criminal statutes. The Supreme Court has created clear statement rules to protect …

The Missing Marketplace Of Ideas Theory, Mary-Rose Papandrea

Faculty Publications

One hundred years ago, Justice Holmes embraced the marketplace of ideas in his dissenting opinion in Abrams v. United States. The same year as this centennial anniversary, Justice Kennedy, one of the most ardent adherents to this theory, retired from the Supreme Court. The dovetailing of these two events offers the perfect excuse to evaluate the marketplace of ideas in the Court’s First Amendment jurisprudence today.

The marketplace of ideas drives many of the Court’s First Amendment decisions, from the public forum doctrine to restrictions on offensive expression to campaign finance. Although the theory is not perfect, this Article …

The New White Flight, Erika K. Wilson

Faculty Publications

White charter school enclaves — defined as charter schools located in school districts that are thirty percent or less white, but that enroll a student body that is fifty percent or greater white — are emerging across the country. The emergence of white charter school enclaves is the result of a sobering and ugly truth: when given a choice, white parents as a collective tend to choose racially segregated, predominately white schools. Empirical research supports this claim. Empirical research also demonstrates that white parents as a collective will make that choice even when presented with the option of a more …

Termination Of Tenancy In Common By Adverse Possession: A Comparative Lesson From The United States, John V. Orth

Faculty Publications

No abstract provided.

Unclaimed Personal Property And The State’S Liability For Accrued Interest: A Comparative Lesson From The United States, John V. Orth

Faculty Publications

No abstract provided.

Fructifying The First Amendment: An Asymmetric Approach To Constitutional Fact Doctrine, Amanda Reid

Faculty Publications

No abstract provided.

Federalism Limits On Non-Article Iii Adjudication, F. Andrew Hessick

Faculty Publications

Although Article III of the Constitution vests the federal judicial power in the Article III courts, the Supreme Court has created a patchwork of exceptions permitting non-Article III tribunals to adjudicate various disputes. In doing so, the Court has focused on the separation of powers, concluding that these non-Article III adjudications do not unduly infringe on the judicial power of the Article III courts. But separation of powers is not the only consideration relevant to the lawfulness of non-Article III adjudication. Article I adjudications also implicate federalism. Permitting Article I tribunals threatens the role of state courts by expanding federal …

Of Titles And Testaments: Reflections Of An American Reader Of The Adelaide Law Review, John V. Orth

Faculty Publications

From the point of view of an American lawyer, two Australian innovations in the law of property stand out: titles by registration and the dispensing power in the law of wills. Both originated in South Australia, and both are the subject of articles in the Adelaide Law Review. Both spread rapidly to other Australian states and throughout the Commonwealth. But in the United States, despite some early success, neither achieved widespread adoption. Readers of the Adelaide Law Review, who doubtless view titles by registration and the dispensing power as obvious improvements on earlier property law, may be surprised …

Balancing Justice Needs And Private Property In Constitutional Takings Provisions: A Comparative Assessment Of India, Australia, And The United States, Krithika Ashok, Paul T. Babie, John V. Orth

Faculty Publications

This Article explores the relationship between justice needs and private property in the constitutional takings provisions of the Indian, Australian, and American constitutions. Building upon established scholarship, it develops a theoretical framework within which to consider the way in which a state balances the requirement to provide minimal levels of justice for its citizens through the re-distribution of goods and resources with the need to protect the private property of individuals. We summarize this framework in what we refer to as the “Justice Needs-Protection of Private Property Continuum.” Using the framework developed, the Article provides an outline of the takings …

Nail In The Mlat Coffin: Examining Alternative Solutions To The Current Mutual Legal Assistance Treaty Regime In International Cross-Border Data Sharing, Philip J. Pullen

North Carolina Journal of International Law

No abstract provided.

Pdvsa's Win-Win Option: A Bankruptcy Framework Using Chapter 15 And Section 363 To Maximize Pdvsa's Debt Restructuring Options, Ryan C. Nichols

North Carolina Journal of International Law

No abstract provided.

Liberty's Application: The European Union's Struggles With Detaining Asylum Applicants, Will Patrick

North Carolina Journal of International Law

No abstract provided.

Closing The Blast Doors: Constructing Comprehensive Space Safety Standards In A Galaxy Not So Far Away, Emma C. Nunn

North Carolina Journal of International Law

No abstract provided.

The Free-Market Family And Children’S Caretaking, Maxine Eichner

Faculty Publications

No abstract provided.