Law Commons^™

Democratizing Administrative Law, Joshua D. Blank, Leigh Osofsky

Faculty Publications

When agencies make statements about the law, people listen. This insight yields a fundamental tension. According to one set of views, such agency statements, and their ability to influence public behavior, are critical not only for a well-functioning bureaucracy but also for our entire system of government. According to another set of views, this agency power, if left unchecked, could border on tyranny.

Administrative law responds to this tension through an extensive, purportedly comprehensive, framework that attempts to police agency statements. The framework places different types of agency statements into different legal categories. On the one hand, legislative rules make …

Medical Board Discipline Of Physicians For Spreading Medical Misinformation, Richard S. Saver

Faculty Publications

IMPORTANCE False medical information disseminated dangerously during the COVID-19 pandemic, with certain physicians playing a surprisingly prominent role. Medical boards engendered widespread criticism for not imposing forceful sanctions, but considerable uncertainty remains about how the professional licensure system regulates physician-spread misinformation.

OBJECTIVE To compare the level of professional discipline of physicians for spreading medical misinformation relative to discipline for other offenses.

DESIGN, SETTING, AND PARTICIPANTS This cross-sectional study analyzed and coded publicly reported medical board disciplinary actions in the 5 most populous US states. The analysis included data from January 1, 2020, through May 30, 2023, for California, Florida, New …

History And The School Prayer Cases, Mark Storslee

Faculty Publications

In a series of two decisions known as the School Prayer Cases, the Supreme Court famously held that the Establishment Clause forbids state-sponsored prayer in public schools—even where the government provides opt-outs for dissenters. Yet subsequent legal developments have rendered those decisions unstable. And with the Court’s recent turn to “historical practices and understandings,” many question whether the School Prayer Cases can possibly survive.

It is too soon to tell where the Court’s renewed focus on Founding-era history might lead. But this Article contends, contrary to both some originalist Justices and their critics, that a focus on history does …

Predictive Analytics & The Tax Code, Jay A. Soled, Kathleen Delaney Thomas

Faculty Publications

Congress last reformed the nation’s current tax penalty regime ap-proximately three decades ago, long before the rise of big data and the advent of predictive analytics. With predictive analytics now gaining preeminence and its accuracy constantly improving, it is time for Congress to weave this technological innovation into the fabric of the Internal Revenue Code and, more specifically, the civil tax penalty regime. Doing so would enhance taxpayer compliance, augment transparency, and simultaneously ease many administrative burdens commonplace under the tax law.

Multibillion-Dollar Tax Questions, James Alm, Jay A. Soled, Kathleen Delaney Thomas

Faculty Publications

Tax compliance in the United States historically hovers in the 80 percent range, costing the nation approximately half a trillion dollars annually in uncollected tax revenue. To foster greater tax compliance, the Internal Revenue Service (IRS) should employ whatever tools are at its disposal. Standard deterrence theory argues that increasing the audit rate and imposing stiffer penalties would foster greater tax compliance. There are political headwinds, however, that strongly suggest that these approaches are not currently viable. Instead, there is a low-cost method that could yield greater tax compliance. Drawing on recent and compelling social science research, the IRS should …

The Uptake And Measurement Of Alternative Approaches To Domestic Violence Intervention Programs: A Scoping Review, Julia K. Campbell, Sydney Nicolla, Deborah M. Weissman, Kathryn E. Moracco

Faculty Publications

This scoping review explores the breadth and depth to which Domestic Violence Intervention Programs (DVIPs) in the United States and globally: (a) incorporate components that address the relationship between intimate partner violence (IPV) and social injustice, racism, economic inequality, and adverse childhood experiences (ACEs); (b) use restorative (RJ)/ transformative justice (TJ) practices, individualized case management, partnerships with social justice actors, and strengths-based parenting training in current programming; and (c) measure effectiveness. In 2021, we searched 12 academic databases using a combination of search terms and Medical Subject Headings. In all, 27 articles that discussed at least one key concept relative …

Natural Objects And Testamentary Freedom, Kevin Bennardo

Faculty Publications

This Article explores the tension between inheritance law’s designation of certain beneficiaries as natural and unnatural for certain purposes and its organizing principle of testamentary freedom. Either inheritance law is primarily concerned with effectuating the preference of the decedent or it is primarily concerned with safeguarding the economic health of the family. It cannot be both. Ultimately, one of these two must yield. Either we acknowledge that decedents don’t have the level of dispositional freedom that is advertised or we change the law’s designation of some devises as natural and other as unnatural.

This Article proposes a pathway to relieve …

American Association Of Law Libraries Academic Special Interest Section White Paper On Continuing Status And Tenure Of Law Librarians, Aall Special Interest Section On Academic Law Libraries Subcommittee On Continuing Status And Tenure, Stephanie Davidson, Cindy Hirsch, Caroline Osborne, Brian Quigley, Jessica Whytock

Faculty Publications

In 2023 the ALL-SIS Continuing Status/Tenure Committee was charged with developing a white paper to provide information on the status, rights, and responsibilities of academic law librarian positions. The information provided in this paper is intended to allow law librarians to make informed career choices, increase knowledge of the rights and obligations of librarian positions, and ensure the development of necessary skills and education for future new positions. Clarity on how positions are structured, their required skills, and credentials is essential at all levels of experience for planning and development for future career growth.

This White Paper does not advocate …

Data Controllers As Data Fiduciaries: Theory, Definitions & Burdens Of Proof, Noelle Wilson, Amanda Reid

Faculty Publications

No abstract provided.

Understanding Our Digital Fingerprints: Metadata, Competency, And The Future Practice Of Law, Stacey Lane Rowland

Faculty Publications

Metadata, often referred to as “data about data,” plays a crucial role in the digital world. It encompasses embedded information within electronic documents that reveals details about their creation, modification, and transmission. In legal proceedings, metadata can be both helpful and controversial, as it can expose sensitive information and potentially support or refute claims of fabricated evidence. With the widespread use of smartphones and other electronic devices, individuals generate vast amounts of personal data, including metadata, that can provide detailed insights into their lives.

This Article explores the significance of metadata in various contexts, such as digital photographs, and highlights …

Crypto Failure In The Shadows, Kara J. Bruce

Faculty Publications

This Article examines the tension between bankruptcy law’s strong transparency norms and the extensive sealing of records in major cryptocurrency bankruptcy cases following the 2022–2023 “crypto winter.” Through analysis of cases including FTX, Celsius, Voyager, and BlockFi, the Article shows how crypto debtors have secured broad protective orders shielding creditor identities and internal documents. It argues that these secrecy practices depart from bankruptcy’s traditional information‑forcing function, inhibiting oversight and creditor participation. While valid privacy concerns exist, courts have too readily accepted expansive sealing without rigorous evidentiary support. The Article proposes a normative framework for evaluating sealing requests under §107, emphasizing …

Erie And Forum Selection Clauses, John F. Coyle, F. Andrew Hessick

Faculty Publications

This article argues that federal courts should apply state law to determine the enforceability of outbound forum selection clauses in diversity cases. Using a hand-collected dataset comparing hundreds of state and federal decisions, the authors show that federal courts enforce such clauses at significantly higher rates, creating incentives for forum shopping and uneven contract rights. They contend that enforceability is a substantive contract issue under Erie and that federal courts lack authority to create federal common law in this area outside §1404(a). The article concludes that applying state law uniformly would prevent inequitable administration and restore coherence to forum selection …

Reflections On Purpose And Professional Identity Formation, Harmony Decosimo

Faculty Publications

This essay explores how law students and lawyers develop, lose, or reorient their sense of purpose, using the author’s own trajectory through law school and practice to illustrate structural barriers—competition, lack of reflection, limited mentorship, and ideological homogeneity—that complicate identity formation. Identifying common lawyer archetypes whose work aligns differently with purpose, the author argues that legal education must make space for reflection, diverse viewpoints, and virtue-based development to enable students to integrate purpose meaningfully into their professional identities.

Front Matter, North Carolina Journal Of Law & Technology

North Carolina Journal of Law & Technology

No abstract provided.

The Prospect Of Offshore Wind Energy According To The Inflation Reduction Act Of 2022, Sean Gaffney

North Carolina Journal of Law & Technology

No abstract provided.

Surveilling Big Tech: Navigating Censorship Concerns And Consumer Protections In Florida’S Digital Bill Of Rights, Daniel C. Self

North Carolina Journal of Law & Technology

No abstract provided.

Class Action Settlements As Contracts?, Howard M. Erichson, Ethan J. Leib

North Carolina Law Review

No abstract provided.

Skirting State Action: Section 1983 Challenges To Education And Charter Management Organizations After Peltier V. Charter Day School, Inc., Jack Salt

North Carolina Law Review

No abstract provided.

Green Bonds, Empty Promises, Quinn Curtis, W. Mark C. Weidemaier, Mitu Gulati

North Carolina Law Review

No abstract provided.

Buoying Statehood: The Impact Of Rising Sea Levels On Statehood In International Law, Hayley Stancil

North Carolina Journal of International Law

No abstract provided.

Contents, North Carolina International Law Journal

North Carolina Journal of International Law

No abstract provided.

Gene-Edited Crops And Food And The Bold Path Forward In U.S. Trade Agreements, Matthew Schaefer

North Carolina Journal of International Law

No abstract provided.

The Rise Of China, The United States, And The Limits Of International Law, Julian G. Ku

North Carolina Journal of International Law

No abstract provided.

Mail-Order Brides And Human Trafficking In Israel: Forced Marriage As A Form Of Exploitation, Emily Zoffer

North Carolina Journal of International Law

No abstract provided.

Sentencing In An Era Of Plea Bargains, Jeffrey Bellin, Jenia I. Turner

North Carolina Law Review

No abstract provided.

Contents, North Carolina Law Review

North Carolina Law Review

No abstract provided.

Misguided Federalism: State Regulation Of The Internet And Social Media, Alex Chemerinsky, Erwin Chemerinsky

North Carolina Law Review

No abstract provided.

Auto-Jubilee: A Case For Massive Automatic Driver's License Restoration For Debtor-Suspendees, Daniel Stainkamp

North Carolina Law Review

No abstract provided.

A Survey Of North Carolina's Public Accommodation Ordinances And A Proposal For A Statewide Public Accommodation Law, Becca Pearson

North Carolina Law Review

No abstract provided.

Too Many, Too Late: The Nfl’S Inverse Accessibility Issue And The New Rpo, Scott M. Finney

North Carolina Journal of Law & Technology

No abstract provided.