Law Commons^™

Panel Two: The Press, Whistleblowers, And Government Information Leaks, David S. Ardia, Heidi Kitrosser, David Mccraw, Mary-Rose Papandrea, David Schulz

First Amendment Law Review

No abstract provided.

Bolstering The Role Of U.N. Treaty Bodies: A Possible Solution To The Chinese Uighur Crisis With Potentially Far-Reaching Implications, Ayat G. Hamza

North Carolina Journal of International Law

No abstract provided.

Front Matter, First Amendment Law Review

First Amendment Law Review

No abstract provided.

The State Of Campus Free Expression In North Carolina: A Close Look At The "Restore/Preserve Campus Free Speech Act", Victoria Smith Ekstrand, Chengyuan Shao

First Amendment Law Review

No abstract provided.

Ministerial Exception: The Involuntary Servitude Loophole, Juliana Moraes Liu

First Amendment Law Review

No abstract provided.

Mismanaging The Marketplace: The Economy Of The Online Public Forum And Section 230 Liability, Zachary Osborne

First Amendment Law Review

No abstract provided.

Keynote Address: Examining The Assange Indictment, Mary-Rose Papandrea

First Amendment Law Review

No abstract provided.

The Impossibility Of Separating Race And Politics In A White People's Party, Gene R. Nichol

North Carolina Civil Rights Law Review

No abstract provided.

Tax Now Or Tax Never: Political Optionality And The Case For Current-Assessment Tax Reform, David Gamage, John R. Brooks

North Carolina Law Review

No abstract provided.

Ratemaking As Climate Adaptation Governance, Jonas J. Monast

Faculty Publications

Electric utilities are directly affected by, and in some cases are a source of, many pressing climate adaptation challenges: wildfires, vulnerable infrastructure, extreme storms, and drought. The state Public Utilities Commission (PUC) is one of the most consequential government agencies guiding the electricity sector’s response to climate change. Rate-regulated utilities may not charge ratepayers for new capital investments without PUC approval. When PUCs decide which costs are eligible for rate recovery, they also define which risks utilities seek to manage and which hedging strategies they use to do so. This Article argues that the foundational principles of ratemaking allow the …

The Nazi Analogy In Japanese American Civil Rights Discourse, Eric L. Muller

North Carolina Civil Rights Law Review

No abstract provided.

Inseparable Uses, Mark Verstraete

North Carolina Law Review

No abstract provided.

The "Innocence" Of Bias, Osamudia James

Faculty Publications

No abstract provided.

Enforcing Inbound Forum Selection Clauses In State Court, John F. Coyle, Katherine Richardson

Faculty Publications

A forum selection clause is a contractual provision that selects a court for future disputes. Such clauses serve two primary functions. First, they may be used to redirect litigation from one state to another (an “outbound” clause). Second, they may be used to extend the personal jurisdiction of the chosen court over the contracting parties (an “inbound” clause). To date, scholars have focused most of their attention on the redirecting function played by outbound clauses. In this Article, we provide a definitive account of the role played by inbound clauses as means of obtaining personal jurisdiction over out-of-state defendants.

This …

Social Issues In The Spotlight: The Increasing Need To Improve Publicly-Held Companies’ Csr And Esg Disclosures, Thomas Lee Hazen

Faculty Publications

There is ever-increasing investor interest in corporate social responsibility (CSR) generally, and environmental social governance (ESG) in particular. Investors’ desires have triggered increased corporate ESG disclosures to indicate companies’ commitment to socially responsible behavior. As pressure for ESG-related disclosures continues to rise, there is increasing pressure on the SEC to support and mandate enhanced ESG disclosures.

Notwithstanding many calls for mandatory ESG disclosures, the SEC has not implemented such a requirement. Instead, ESG disclosures are voluntary. Voluntary ESG disclosures are common, but to a large extent are marred by a lack of standardization in ESG data methodology. The increasing investor …

Interpreting Injunctions, F. Andrew Hessick, Michael Morley

Faculty Publications

Injunctions are powerful remedies. They can force a person to act or refrain from acting, dictate policies that the government must adopt, or even refashion public institutions. Violations of an injunction can result in contempt.

Despite the importance of injunctions, courts have applied an astonishingly wide range of contradictory approaches to interpreting them. They have likewise disagreed over whether appellate courts should defer to trial courts’ interpretations or instead review those interpretations de novo. Virtually no scholarship has been written on these topics.

This Article proposes that courts apply a modified textualist approach to injunctions. Under this scheme, courts would …

Nondelegation And Criminal Law, Carissa Byrne Hessick, F. Andrew Hessick

Faculty Publications

Although the Constitution confers the legislative power on Congress, Congress does not make most laws. Instead, Congress delegates the power to make laws to administrative agencies. The Supreme Court has adopted a permissive stance towards these delegations, placing essentially no limits on Congress’s ability to delegate lawmaking power to agencies.

In its recent decision, Gundy v. United States, the Court relied on this unrestrictive doctrine to uphold a statute delegating the power to write criminal laws. In doing so, the Court did not address whether greater restrictions should apply to delegations involving criminal law. Instead, it applied the same …

Jailhouse Immigration Screening, Eisha Jain

Faculty Publications

Within the past decade, U.S. interior immigration enforcement has shifted away from the street and into the jailhouse. The rationale behind jailhouse screening is to target enforcement efforts on those who fall within federal removal priorities. This Article shows how a program undertaken with the stated aim of targeting immigration enforcement has had precisely the opposite effect: it has massively expanded the reach of immigration enforcement and created extended carceral treatment within the criminal justice system based on suspected immigration status. This approach, in turn, leads to removals that lack adequate process, are inaccurate, or that reflect underlying racial biases …

Is The Word “Consumer” Biasing Trademark Law?, Dustin Marlan

Faculty Publications

Our trademark law uses the term “consumer” constantly, reflexively, and unconsciously to label the subject of its purpose—the purchasing public. According to the U.S. Supreme Court, trademark law has “a specialized mission: to help consumers identify goods and services they wish to purchase, as well as those they want to avoid.” As one leading commentator puts it, “trademarks are a property of consumers’ minds,” and “the consumer, we are led to believe, is the measure of all things in trademark law.”

Much criticism has been rightly levied against trademark law’s treatment of the consumer as passive, ignorant, and gullible. For …

Contents, North Carolina Journal Of International Law

North Carolina Journal of International Law

No abstract provided.

The Emerging Regime Of International Financial Services Regulation, Michael P. Malloy

North Carolina Journal of International Law

No abstract provided.

Good Old Chapter 11 In A Pre-Insolvency World: The Growth Of Global Reorganization Options, Oscar Couwenberg, Stephen J. Lubben

North Carolina Journal of International Law

No abstract provided.

A King's Word: Pre-1949 Chinese Bonds And A Framework For Pursuing Claims On "Classically" Time-Barred Bonds, Charles C.B. Plambeck

North Carolina Journal of International Law

No abstract provided.

Global Legal Ethics And Corporate Social Responsibility: Where's The Beef?, Heidi Frostestad Kuehl

North Carolina Journal of International Law

No abstract provided.

Front Matter, North Carolina Journal Of International Law

North Carolina Journal of International Law

No abstract provided.

Choice Of Law For Burdens Of Proof, Dale A. Nance

North Carolina Journal of International Law

No abstract provided.

Progress Towards The New International Legal Framework For Protecting Biodiversity In Areas Beyond National Jurisdiction, Chandler J. Farris

North Carolina Journal of International Law

No abstract provided.

Hidden Hunger In Peacetime And Wartime: Retailoring The 'Responsibility To Protect' To Food-Power Discourses In Burundi And North Korea, Between International Politics And International Law, Riccardo Vecellio Segate

North Carolina Journal of International Law

No abstract provided.

"A Discriminatory Effect On Women": Implications Of Volodina V. Russia In Promulgating Domestic Violence Protection In Russia, Kendra D. Roberts

North Carolina Journal of International Law

No abstract provided.

The Ins And "Outs" Of Domestic Forum Selection Clauses In Icsid Arbitral Disputes, Carleigh E. Zeman

North Carolina Journal of International Law

No abstract provided.