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University of North Carolina School of Law

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Articles 1471 - 1500 of 8816

Full-Text Articles in Law

Dna Exonerations And The Elusive Promise Of Criminal Justice Reform, Carissa Byrne Hessick Jan 2017

Dna Exonerations And The Elusive Promise Of Criminal Justice Reform, Carissa Byrne Hessick

Faculty Publications

Review of Wrongful Convictions and the DNA Revolution: Twenty-Five Years of Freeing the Innocent (Daniel S. Medwed ed., Cambridge University Press 2017).


Valuing Identity, Osamudia James Jan 2017

Valuing Identity, Osamudia James

Faculty Publications

No abstract provided.


Advocating A Carryover Tax Basis Regime, Richard Schmalbeck, Jay A. Soled, Kathleen Delaney Thomas Jan 2017

Advocating A Carryover Tax Basis Regime, Richard Schmalbeck, Jay A. Soled, Kathleen Delaney Thomas

Faculty Publications

No abstract provided.


Regulating Tax Return Preparation, Jay A. Soled, Kathleen Delaney Thomas Jan 2017

Regulating Tax Return Preparation, Jay A. Soled, Kathleen Delaney Thomas

Faculty Publications

No abstract provided.


Contents, North Carolina Law Review Jan 2017

Contents, North Carolina Law Review

North Carolina Law Review

No abstract provided.


Local Liability In International Economic Law, Timothy Meyer Jan 2017

Local Liability In International Economic Law, Timothy Meyer

North Carolina Law Review

No abstract provided.


Patenting And Protecting Personalized Medicine Innovation Post-Mayo, Myriad, And Limelight, Leland L. Black Jan 2017

Patenting And Protecting Personalized Medicine Innovation Post-Mayo, Myriad, And Limelight, Leland L. Black

North Carolina Law Review

No abstract provided.


Refuge From Time: How The One-Year Filing Deadline Unfairly Frustrates Valid Asylum Claims, Roy Xiao Jan 2017

Refuge From Time: How The One-Year Filing Deadline Unfairly Frustrates Valid Asylum Claims, Roy Xiao

North Carolina Law Review

No abstract provided.


A (Very Thin) Market For Sovereign Control, W. Mark C. Weidemaier Jan 2017

A (Very Thin) Market For Sovereign Control, W. Mark C. Weidemaier

Faculty Publications

No abstract provided.


Tribute To Professor Jonathan L. Entin: Before There Was Google, There Was Jonathan Entin, William P. Marshall Jan 2017

Tribute To Professor Jonathan L. Entin: Before There Was Google, There Was Jonathan Entin, William P. Marshall

Faculty Publications

No abstract provided.


Torrens Title In North Carolina--Maybe A Hundred Years Is Long Enough, John V. Orth Jan 2017

Torrens Title In North Carolina--Maybe A Hundred Years Is Long Enough, John V. Orth

Faculty Publications

No abstract provided.


Reverse Passing, Khaled A. Beydoun, Erika K. Wilson Jan 2017

Reverse Passing, Khaled A. Beydoun, Erika K. Wilson

Faculty Publications

No abstract provided.


Surgically Precise But Kinematically Abstract Patent Claims, Andrew Chin Jan 2017

Surgically Precise But Kinematically Abstract Patent Claims, Andrew Chin

Faculty Publications

No abstract provided.


The Privatized American Family, Maxine Eichner Jan 2017

The Privatized American Family, Maxine Eichner

Faculty Publications

No abstract provided.


Civilizing Criminal Settlements, Russell M. Gold, Carissa Byrne Hessick, F. Andrew Hessick Jan 2017

Civilizing Criminal Settlements, Russell M. Gold, Carissa Byrne Hessick, F. Andrew Hessick

Faculty Publications

No abstract provided.


Reflections On Certification, Interpretation, And The Quest For Fraud That “Counts” Under The False Claims Act, Joan H. Krause Jan 2017

Reflections On Certification, Interpretation, And The Quest For Fraud That “Counts” Under The False Claims Act, Joan H. Krause

Faculty Publications

No abstract provided.


In Memoriam: Tribute To Jack Greenberg, Theodore M. Shaw Jan 2017

In Memoriam: Tribute To Jack Greenberg, Theodore M. Shaw

Faculty Publications

No abstract provided.


Corpus Linguistics And The Criminal Law, Carissa Byrne Hessick Jan 2017

Corpus Linguistics And The Criminal Law, Carissa Byrne Hessick

Faculty Publications

This brief response to Ordinary Meaning and Corpus Linguistics, an article by Stefan Gries and Brian Slocum, explains why corpus linguistics represents a radical break from current statutory interpretation practice, and it argues that corpus linguistics ought not be adopted as an interpretive theory for criminal laws. Corpus linguistics has superficial appeal because it promises to increase predictability and to decrease the role of judges’ personal preferences in statutory interpretation. But there are reasons to doubt that corpus linguistics can achieve these goals. More importantly, corpus linguistics sacrifices other, more important values, including notice and accountability.


The Honoré-Waldron Thesis: A Comparison Of The Blend Of Ideal-Typic Categories Of Property In American, Chinese, And Australian Land Law, Paul T. Babie, John V. Orth, Charlie Xiao-Chuan Weng Jan 2017

The Honoré-Waldron Thesis: A Comparison Of The Blend Of Ideal-Typic Categories Of Property In American, Chinese, And Australian Land Law, Paul T. Babie, John V. Orth, Charlie Xiao-Chuan Weng

Faculty Publications

The Article proceeds in five parts. Part II briefly describes the principal features of each of the four ideal-typic categories of property. Parts III through V examine, respectively, the real property law of the United States, Australia, and China, demonstrating examples of each of the four ideal-typic categories, in varying mixes of ideal-types found in representatives of the two main legal traditions (common and civil). In order to test the thesis, the three jurisdictions are organized here according to the extent to which most people intuitively consider one of the ideal-types to predominate. Thus, the United States is dealt with …


Claiming The Copyright, Amanda Reid Jan 2017

Claiming The Copyright, Amanda Reid

Faculty Publications

No abstract provided.


Privacy And Court Records: Online Access And The Loss Of Practical Obscurity, David S. Ardia Jan 2017

Privacy And Court Records: Online Access And The Loss Of Practical Obscurity, David S. Ardia

Faculty Publications

Court records present a conundrum for privacy advocates. Public access to the courts has long been a fundamental tenant of American democracy, helping to ensure that our system of justice functions fairly and that citizens can observe the actions of their government. Yet court records contain an astonishing amount of private and sensitive information, ranging from social security numbers to the names of sexual assault victims. Until recently, the privacy harms that attended the public disclosure of court records were generally regarded as insignificant because court files were difficult to search and access. But this “practical obscurity” is rapidly disappearing …


Venezuela As A Case Study In (Limited) Sovereign Liability, W. Mark C. Weidemaier, Matt Gauthier Jan 2017

Venezuela As A Case Study In (Limited) Sovereign Liability, W. Mark C. Weidemaier, Matt Gauthier

Faculty Publications

No abstract provided.


Court Fines And Fees: Criminalizing Poverty In North Carolina, Heather Hunt, Gene R. Nichol Jr. Jan 2017

Court Fines And Fees: Criminalizing Poverty In North Carolina, Heather Hunt, Gene R. Nichol Jr.

Faculty Publications

No abstract provided.


Uncertain Standing: Normative Applications Of Standing Doctrine Produce Unpredictable Jurisdictional Bars To Common Law Data Breach Claims, Michael B. Jones Dec 2016

Uncertain Standing: Normative Applications Of Standing Doctrine Produce Unpredictable Jurisdictional Bars To Common Law Data Breach Claims, Michael B. Jones

North Carolina Law Review

No abstract provided.


One Small Step: The Impact Of The U.S. Commercial Space Launch Competitiveness Act Of 2015 On The Exploration Of Resources In Outer Space, P.J. Blount, Christian J. Robinson Dec 2016

One Small Step: The Impact Of The U.S. Commercial Space Launch Competitiveness Act Of 2015 On The Exploration Of Resources In Outer Space, P.J. Blount, Christian J. Robinson

North Carolina Journal of Law & Technology

No abstract provided.


University Classroom Presentations As Prior Art Disclosures: Are Engineering Capstone Teams Unknowingly Giving Away The Fruits Of Their Labor?, Patricia E. Campbell Dec 2016

University Classroom Presentations As Prior Art Disclosures: Are Engineering Capstone Teams Unknowingly Giving Away The Fruits Of Their Labor?, Patricia E. Campbell

North Carolina Journal of Law & Technology

No abstract provided.


Pre-Competition, Jorge L. Contreras, Liza S. Vertinsky Dec 2016

Pre-Competition, Jorge L. Contreras, Liza S. Vertinsky

North Carolina Law Review

As the costs of pharmaceutical research and development rise and concerns grow about the pace of innovation, both federal agencies and industry participants have turned to new forms of collaboration to increase the efficiency and effectiveness of biomedical research. Industry participants, many of them competitors, come together to define joint research and development objectives and to share project results in what are widely known as “pre-competitive” collaborations. There is a prevailing understanding among both industry and governmental actors that these pre-competitive endeavors are not only permissible, but encouraged. While the term “pre-competitive” is prevalent in the pharmaceutical industry, it is …


Drone Zoning, Troy A. Rule Dec 2016

Drone Zoning, Troy A. Rule

North Carolina Law Review

The growing popularity of small civilian drones has generated a wide array of complex and unprecedented regulatory challenges. Many of these challenges, such as keeping drones away from manned aircraft, are matters that the Federal Aviation Administration (“FAA”) is clearly authorized and well equipped to address. However, several other drone policy challenges relate solely to drones’ potential to disrupt landowners’ privacy and to otherwise interfere with activities on the ground. The nature and severity of these conflicts often varies greatly depending on a drone’s specific location; drone uses that are welcomed in some city neighborhoods may be prohibitively disruptive in …


Is Cyberattack The Next Pearl Harbor?, Lawrence J. Trautman Dec 2016

Is Cyberattack The Next Pearl Harbor?, Lawrence J. Trautman

North Carolina Journal of Law & Technology

No abstract provided.


Oracle V. Google: Setting A Standard Or Handicapping An Industry?, Tyler J. Demaskey Dec 2016

Oracle V. Google: Setting A Standard Or Handicapping An Industry?, Tyler J. Demaskey

North Carolina Journal of Law & Technology

No abstract provided.