Law Commons^™

Sharks And Minnows In The War On Drugs: A Study Of Quantity, Race And Drug Type In Drug Arrests, Joseph E. Kennedy, Isaac Unah, Kaci Wahlers

Faculty Publications

No abstract provided.

The President’S Immigration Courts, Catherine Y. Kim

Faculty Publications

No abstract provided.

The Limits On Congress’S Power To Do Nothing, William P. Marshall

Faculty Publications

No abstract provided.

Automation And The Income Tax, Kathleen Delaney Thomas

Faculty Publications

No abstract provided.

Taxing The Gig Economy, Kathleen Delaney Thomas

Faculty Publications

No abstract provided.

The Politics Of Immigrant Rights: Between Political Geography And Transnational Interventions, Deborah M. Weissman

Faculty Publications

No abstract provided.

Simplicity As Justice, Kathryn A. Sabbeth

Faculty Publications

Simplification of the legal system has attracted attention as a means of improving access to justice. A major motivation driving reform is the perception that pro se litigants have flooded the courts and begun clogging up the wheels of justice. Ordinary people do not know rules of procedure, evidence, or substantive law; do not handle their cases effectively or efficiently; and have, the argument goes, generated a “pro se crisis.” A number of states and localities have responded by increasing the availability of legal services, funding programs that offer solutions ranging from limited assistance to full representation, and a few …

The Expansion Of Child Pornography Law, Carissa Byrne Hessick

Faculty Publications

This Symposium essay identifies two dramatic expansions of child pornography law: prosecutions for possessing images of children who are clothed and not engaged in any sexual activity, and prosecutions for possessing smaller portions of artistic and non-pornographic images. These prosecutions have expanded the definition of the term ‘‘child pornography’’ well beyond its initial meaning. What is more, they signal that child pornography laws are being used to punish people not necessarily because of the nature of the picture they possess, but rather because of the conclusion that those individuals are sexually attracted to children. If law enforcement concludes that a …

The Evolution Of The Voice And Vote Of Student-Athletes In Ncaa Division I Governance, Lissa L. Broome

Faculty Publications

This paper explores the evolution of the student-athlete voice and vote in the NCAA Division I governance structure.

Combatting Discrimination Against The Formerly Incarcerated In The Labor Market, Ifeoma Ajunwa, Angela Onwuachi-Willig

Faculty Publications

Both discrimination by private employers and governmental restrictions in the form of statutes that prohibit professional licensing serve to exclude the formerly incarcerated from much of the labor market. This Essay explores and analyzes potential legislative and contractual means for removing these barriers to labor market participation by the formerly incarcerated. First, as a means of addressing discrimination by the state, Part I of this Essay explores the ways in which the adoption of racial impact statements — which mandate that legislators consider statistical analyses of the potential impact their proposed legislation may have on racial and ethnic groups prior …

Copyright Policy As Catalyst And Barrier To Innovation And Free Speech, Amanda Reid

Faculty Publications

No abstract provided.

Contents, North Carolina Journal Of International Law

North Carolina Journal of International Law

No abstract provided.

Latin America's Pursuit Of Perfection: How The Region's Efforts To Achieve Un's 2030 Sustainable Agenda Is Quickly Becoming The New Standard Other Countries Should Follow, Kenneth Black

North Carolina Journal of International Law

No abstract provided.

A Survey Of Intellectual Property Issues Between The United States And India Under The Special 301 Report, Seemantani Sharma

North Carolina Journal of International Law

No abstract provided.

Interpretation Of Forum Selection Clauses: A Survey Of Select English- And German-Speaking Jurisdictions, Ashlee Schaller

North Carolina Journal of International Law

No abstract provided.

The Madness Of Insane Delusions, Kevin Bennardo

Faculty Publications

This Article shares two ideas for reform of the law surrounding testators' expressed preferences and the doctrine of insane delusions.

First, the doctrine of insane delusions should not be applied to devises that seek to advance beliefs, ideas, or viewpoints. There is just too great of a risk that judges and juries will strike down such devises when the testator’s viewpoints diverge from their own.

Second, the time may have come to admit that the law of wills is not as committed to the principle of testamentary freedom as it is often espoused to be. The literature is rife with …

Schooling At Risk, Barbara A. Fedders

Faculty Publications

No abstract provided.

Consenting To Adjudication Outside The Article Iii Courts, F. Andrew Hessick

Faculty Publications

No abstract provided.

State Standing To Constrain The President, F. Andrew Hessick, William P. Marshall

Faculty Publications

No abstract provided.

Corporate Bankruptcy Hybridity, Melissa B. Jacoby

Faculty Publications

No abstract provided.

Tracing Equity, Melissa B. Jacoby, Edward J. Janger

Faculty Publications

No abstract provided.

Editing Nature: Reconceptualizing Biotechnology Governance, Jonas J. Monast

Faculty Publications

No abstract provided.

Regulating By Example, Susan C. Morse, Leigh Osofsky

Faculty Publications

No abstract provided.

Sex And Religion: Unholy Bedfellows, Mary-Rose Papandrea

Faculty Publications

No abstract provided.

Housing Defense As The New Gideon, Kathryn A. Sabbeth

Faculty Publications

New York City is the first jurisdiction in the United States to create a right to appointed counsel for poor people facing eviction. This Article is the first to analyze NYC’s ground-breaking legislation. The Article draws on NYC’s housing defense statute to highlight three ways in which the creation of a civil right to counsel has the potential to build on and expand beyond the Gideon v. Wainwright model. The right to appointment of criminal defense counsel, as recognized in Gideon, was part of the Supreme Court’s indirect response to the Civil Rights Movement. In contrast, the NYC legislature …

The Legal Foundations Of White Supremacy, Erika K. Wilson

Faculty Publications

This paper focuses on a very important part of white supremacy — the legal foundations of white supremacy. The central thesis of this paper is that American law has historically played a vital role in constructing white supremacy. While America has eliminated overt race-conscious laws that favor whites, the law continues to play a critical role in maintaining white supremacy today. Unless and until we commit to understanding the history of the law in constructing white supremacy and the ways in which modern iterations of law continue to perpetuate white supremacy, white supremacy will remain an enduring feature of American …

Algorithms At Work: Productivity Monitoring Applications And Wearable Technology, Ifeoma Ajunwa

Faculty Publications

Recent work technology advancements such as productivity monitoring software applications 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 Article, 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 argue that productivity monitoring applications will prompt a 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 …

Beware The Trademark Echo Chamber: Why Federal Courts Should Not Defer To Uspto Decisions, Deborah R. Gerhardt

Faculty Publications

This Article explains why federal courts should not defer to United States Patent and Trademark Office (USPTO) trademark decisions. Under United States trademark law, actual use of a mark on specific goods or services is required to support federal trademark registration. The USPTO processes a tremendous volume of applications to register trademarks. In order to do so expeditiously, trademark examiners use heuristics drawn from past USPTO registration data. While markets continually change, each trademark registration is updated at five or ten-year renewal intervals. Accordingly, much of the data does not reflect current market use. A recent audit established that many …

A Modern Union For The Modern Economy, Jeffrey M. Hirsch, Joseph A. Seiner

Faculty Publications

No abstract provided.

Interpreting Contracts Without Context, John F. Coyle, W. Mark C. Weidemaier

Faculty Publications

No abstract provided.