Law Commons^™

Stop Trashing The Planet: Addressing Global Warming And Climate Change From The Perspective Of Food Waste Reduction, Dorothy Chen

North Carolina Journal of International Law

No abstract provided.

Text And Structure In Historical Context: A Theory About The Fate Of The Exclusive Treaty Power, Jonathan Williams

North Carolina Journal of International Law

No abstract provided.

Let’S Keep This Between You, Me, And My Cell Phone: Huawei, Espionage, & International Law, Anya Hovanic

North Carolina Journal of International Law

No abstract provided.

Torture And Its Consequences: How Victims Of The Taliban’S Acts Of Torture Can Hold The Taliban Responsible, Andrew Draper

North Carolina Journal of International Law

No abstract provided.

U.S. V. Donziger: Contempt Of Court Or International Law?, Courtney Coppage

North Carolina Journal of International Law

No abstract provided.

Near-Border Mobilization And Anticipatory Self-Defense In The Context Of International Armed Conflict Law: A Case Study Of Border Tensions Prior To The 2022 Russian Invasion Of Ukraine, Alanna Brannam

North Carolina Journal of International Law

No abstract provided.

Contents, North Carolina Law Review

North Carolina Law Review

No abstract provided.

Religious Convictions, Anna Offit

North Carolina Law Review

No abstract provided.

Back To The Bargaining Table: The Joy Silk Doctrine's Potential To Revive Union Organization, Brooke Baledge

North Carolina Law Review

No abstract provided.

Gender Violence As A Penalty Of Poverty, Deborah M. Weissman

Faculty Publications

The matter of gender violence, including intimate partner violence (IPV), has long been categorized as a particularly egregious crime. The consequences of IPV are profound and affect all members of the household, family members near and far, and the communities where they live. Gender violence impacts the national economy. Costs accrue to workplaces, health care institutions, and encumber local and state coffers. Survivors are deprived of income, property, and economic stability: conditions that often endure beyond periods of physical injuries. Offenders also experience economic hardship as a result of involvement with the legal system. They often face significant obstacles when …

Supreme Myth Busting: How The Supreme Court Has Busted Its Own Myths, Michael J. Gerhardt

Faculty Publications

This Essay challenges various myths of the Supreme Court, including the myth of the Supreme Court as the only branch in the federal government capable of neutral, non-partisan, juridical interpretations of the Constitution. Through various means, I show how the Supreme Court fails to live up to that myth, especially in its failure to abide by the same code of ethics that other judges follow. The Court’s excuse is that it is not like other courts, but, if we take that excuse at face value, then there is more, not less, reason to require the Supreme Court adhere to the …

Critical Legal Research, Artificial Intelligence, And Systemic Racism: Teaching With Jim Crow Text-Mining, Ellie Campbell

Faculty Publications

On the Books: Jim Crow and Algorithms of Existence is a text-mining project undertaken by University of North Carolina–Chapel Hill libraries to identify racially based laws passed in the state between 1865 and 1967. In the fall 2022, I used the On the Books project to teach a module in my Advanced Legal Research class on critical legal research and artificial intelligence and legal analytics. This article examines the benefits of those modules for teaching critical thinking about legal research structures and legacies of racism in the American legal system.

Mobility Matters: Where Higher Education Meets Transportation, Kate Sablosky Elengold

Faculty Publications

Higher education has long been hailed as the key to social and economic mobility. And yet, mobility itself is one of the greatest barriers to equity in higher education. Although scholars and policymakers have thus far paid scant attention to the role of transportation in higher education, this Article establishes why that oversight undermines educational equity.

Grounding its arguments in both interdisciplinary literature and rich original data from a multi-year mixed-methods research study, this Article demonstrates how transportation law and infrastructure affect college completion, disproportionately hindering completion for students of color. It further argues that higher education law and policy …

Donating To The District Attorney, Carissa Byrne Hessick, Michael Morse, Nathan Pinnell

Faculty Publications

The United States is the only country that elects its local prosecutors. In theory, these local elections could facilitate local control of criminal justice policy. But the academic literature assumes that, in practice, prosecutor elections fail to live up to that promise. This Article complicates that conventional wisdom with a new, national study of campaign contributions in prosecutor elections. The study offers a more complete empirical account of prosecutor accountability by analyzing contributions to local candidates as well as their election results. It details the amount of money in local prosecutor elections, including from interest groups, and the relationship between …

Who's In Charge?: The Constitutional Confusion Challenging North Carolina's Public School System, Dylan R. Blackburn

North Carolina Law Review

No abstract provided.

Public Profiteering Of Prison Labor, Tiffany Yang

North Carolina Law Review

No abstract provided.

Automated Governance, Ifeoma Ajunwa

North Carolina Law Review

No abstract provided.

The Two Title Ixs, Emily Suski

North Carolina Law Review

No abstract provided.

Social Justice And The Structure Of The Litigation System, Yotam Kaplan, Ittai Paldor

North Carolina Law Review

No abstract provided.

When One Assault Ends And Another Begins: The Challenge For Domestic Violence Victims After State V. Dew, Olivia Clark

North Carolina Law Review

No abstract provided.

Sorting Bugs And Features Of Mass Tort Bankruptcy, Melissa B. Jacoby

Faculty Publications

In 1997, after two years of study, the National Bankruptcy Review Commission recognized bankruptcy’s potential as a forum to address mass tort problems. It emphasized, however, that Congress needed to do much more to ensure due process, address major risks of under-compensation and inconsistent compensation, and reduce uncertainty about the lawfulness of these cases. United States Supreme Court cases invalidating particular limited-fund class actions raised the stakes, casting doubt on certain analogous bankruptcy practices.

Congress adopted neither the Commission’s proposals nor others on the topic. Mass tort bankruptcy practice continued without legislative clarifications or improvements, culminating in recent high-profile and …

Ai, Taxation, And Valuation, Jay A. Soled, Kathleen Delaney Thomas

Faculty Publications

Virtually every tax system relies upon accurate asset valuations. In some cases, this is an easy identification exercise, and the exact fair market value of an asset is readily ascertainable. Often, however, the reverse is true, and ascertaining an asset’s fair market value yields, at best, a numerical range of possible outcomes. Taxpayers commonly capitalize upon this uncertainty in their reporting practices, such that tax compliance lags and the IRS has a difficult time fulfilling its oversight responsibilities. As a by-product of this dynamic, the Treasury suffers.

This Article explores how tax systems, utilizing artificial intelligence, can strategically address asset-valuation …

What Ever Happened To The Africa In African Human Rights, Thomas Kelley

Faculty Publications

In the late 1970s, the Organization of African Unity (“OAU”) committed to drafting and adopting a human rights instrument that would uphold African values and traditions—those aspects of African culture that were unique and praiseworthy and, in the opinion of many African leaders, superior to those of Europe. The resulting document, the African Charter on Human and Peoples’ Rights (“the African Charter” or “the Charter”), included numerous provisions intended to do just that. However, in the decades following the African Charter’s adoption, African lawyers, judges, and tribunals produced little jurisprudence applying and further defining those uniquely African values and traditions. …

The Prosecutor Lobby, Carissa Byrne Hessick, Ronald F. Wright, Jessica Pishko

Faculty Publications

Prosecutors shape the use of the criminal law at many points during criminal proceedings but there is an earlier point in the process where prosecutors have influence: during the legislative process. The conventional wisdom in legal scholarship is that prosecutors are powerful and successful lobbyists who routinely support laws that make the criminal law more punitive and oppose criminal justice reform. In this Article, we test that narrative with an empirical assessment of prosecutor lobbying in America. Using an original dataset of four years of legislative activity from all fifty states, we analyze how frequently prosecutors lobbied, the issues on …

Andy Warhol Foundation For The Visual Arts, Inc. V. Goldsmith, A Narrow Ruling Or A Transformational Decision? An Essay, Caroline L. Osborne, Stephen Wolfson

Faculty Publications

The 2023 United States Supreme Court decision in Andy Warhol Foundation for the Visual Arts, Inc. v. Goldsmith is the first copyright decision in decades to visit the concept of fair use and transformative use. In a fiery majority decision with an even fiercer dissent, the court restricts the concept of fair use creating a lasting impact on derivative works, licensing, and appropriation art. Arguably restoring balance to factor one, purpose and character of the use, it questionably conflates the analysis of factor four, market effect, in favor of affirming factor one’s analysis as the justification premise as originally posed …

The Nightmare Of Dream Advertising, Dustin Marlan

Faculty Publications

Advertisers are attempting to market to us while we dream. This is not science fiction, but rather a troubling new reality. Using a technique dubbed “targeted dream incubation” (TDI), companies have begun inserting commercial messages into people’s dreams. Roughly, TDI works by: (1) creating an association during waking life using sensory cues (for example, a pairing of sounds, visuals, or scents); and (2) as the subject is drifting off to sleep, the association is again introduced with the goal of triggering related dreams with related subject matter. Based on a 2021 American Marketing Association survey, 77 percent of 400 companies …

Judicial Moral Prophecy, Daniel B. Rice

Faculty Publications

American judges decry past moral lapses as intolerable. They paint their predecessors’ worst mistakes as tragedies that must never be allowed to happen again. When given the chance to avoid new injustices, however, judges increasingly flaunt their moral indifference. They insist that legal fidelity requires them to ignore whether their own rulings will be remembered as monstrous. But this cavalier outlook—for all its devotion to the past—is remarkably ahistorical. Feats of legal craft have never survived cultural repudiation. When precedents become morally shameful, the quality of their reasoning ceases to matter. The opinions’ authors are remembered not for the technical …

The Private Law Of Stablecoins, Kara J. Bruce, Christopher K. Odinet, Andrea Tosato

Faculty Publications

Stablecoins are one of the cornerstones of the crypto world. They’ve attracted significant attention from major players over the past few years, ranging from Wall Street to kitchen-table investors, and even the White House. As a less volatile alternative to crypto-assets like bitcoin, stablecoins have the potential to change the way we make payments, unlock the groundwork needed for more blockchain-based applications, and even reorient the economy toward private money. But how stable are these stablecoins, really? Can they be relied upon in the way their many proponents claim? And how much of the popular beliefs about stablecoins match their …

Humanizing Corporate Governance, Caleb N. Griffin

Faculty Publications

American corporate governance evolved in a different era, for a type of investor who is no longer typical today. Roughly half of Americans own investment funds, but legal and structural impediments prevent these “human investors” from fully participating in corporate democracy.

One response—“so what?”—is based on the assumption that investors are rationally apathetic. Most investors have so little at stake, the argument goes, that it is economically irrational for them to vote in corporate elections. What this argument misses is that investors’ rational apathy is not fixed. Instead, it is a function of the costs and benefits of voting. If …

The Trump Impeachments: Lessons For The Constitution, Presidents, Congress, Justice, Lawyers, And The Public, Michael J. Gerhardt

Faculty Publications

The conventional wisdom is that the two impeachments of Donald Trump demonstrated the ineffectiveness of impeachment as a remedy for serious presidential misconduct. Meeting the constitutional threshold for conviction and removal requiring at least two-thirds approval of the Senate is practically impossible so long as the members of the President’s party in Congress control at least a third of the seats in the Senate and are united in opposition to his impeachment and conviction. This Article challenges this conventional wisdom and argues instead that the two Trump impeachments have enduring effects on Trump’s political future and legacy, especially in light …