Law Commons^™

Contents, North Carolina Law Review

North Carolina Law Review

No abstract provided.

Life Without Parole Sentencing In North Carolina, Brandon L. Garrett, Travis M. Seale-Carlisle, Karima Modjadidi, Kristen M. Renberg

North Carolina Law Review

No abstract provided.

Constructing A Constitutional Right: Borrowing And Second Amendment Design Choices, Jacob D. Charles

North Carolina Law Review

No abstract provided.

Policing Symmetry, Teressa Ravenell, Riley H. Ross Iii

North Carolina Law Review

No abstract provided.

The U.S. Supreme Court's Characterizations Of The Press: An Empirical Study, Ronnell Andersen Jones, Sonja R. West

North Carolina Law Review

No abstract provided.

Conventional Traffic Policing In The Age Of Automated Driving, Jordan Blair Woods

North Carolina Law Review

No abstract provided.

Addictive Technology And Its Implications For Antitrust Enforcement, James Niels Rosenquist, Fiona M. Scott Morton, Samuel N. Weinstein

North Carolina Law Review

No abstract provided.

Natural Punishment, Raff Donelson

North Carolina Law Review

No abstract provided.

The Happy Families Of Tax Law, Carla Spivack

North Carolina Law Review

No abstract provided.

Did The Covid-19 Pandemic Finally Force North Carolina To Protect Marginalized Communities' Right To Vote, Or Did History Repeat Itself?, Rowan E. Conybeare

North Carolina Law Review

No abstract provided.

Losing Ground: How The Supreme Court's Use Of Easement Law In U.S. Forest Service V. Cowpasture River Preservation Ass'n Thwarts Environmental Justice, William W. Metcalf

North Carolina Law Review

No abstract provided.

Contents, North Carolina Law Review

North Carolina Law Review

No abstract provided.

Frog Eyes And Pig Butts: The North Carolina Stalking Statute's Constitutional Dilemma And How To Remedy It, Nathan W. Wilson

North Carolina Law Review

No abstract provided.

Misfire: How The North Carolina Pistol Purchase Permit System Misses The Mark Of Constitutional Muster And Effectiveness, Nicholas Gallo

North Carolina Law Review

No abstract provided.

The Road To Free-Market Family Policy, Maxine Eichner

Faculty Publications

This essay investigates and ultimately rejects the claim that the United States’ comparatively heavily reliance on markets over government to provide the resources that families need is a natural outgrowth of the country’s longstanding veneration of capitalism. In tracing the nation’s economic ideology over time, it demonstrates that, at least until the end of the twentieth century, the constant in US history has not been the expectation of a free-market economy, but rather a commitment to ensuring that the economy, however structured, will enable families to thrive. The dramatic recent shift in economic ideology, when the prevailing commitment to government …

An Empirical Study Of Gender And Race In Trademark Prosecution, William Michael Schuster, Miriam Marcowitz-Bitton, Deborah R. Gerhardt

Faculty Publications

This Article is the first to empirically examine the extent to which women and minorities succeed in prosecuting trademark applications before the United States Patent and Trademark Office (“USPTO”). Trademark registration is an important measure of entrepreneurial activity and progress in business, education, and the arts. To explore how women and minorities are succeeding in this domain, we compared 1.2 million trademark applications over thirty years with demographic information on race and gender.

We analyze whether trademark prosecution reflects systematic underrepresentation of women and minorities similar to those reported in patent and copyright prosecution. We found that trademark data showed …

Standing And Contracts, F. Andrew Hessick

Faculty Publications

In Spokeo v. Robbins, the Supreme Court held that, to establish Article III standing to bring suit in federal court, a plaintiff cannot simply allege the violation of a legal right. Instead, the plaintiff must allege an injury in fact. Although it addressed standing to bring suit for statutory violations, Spokeo raises serious questions about limits on the ability to bring breach of contract actions in federal court. After all, contracts simply create legal rights. Under Spokeo’s logic, the breach of contractual rights should not support standing; instead, standing exists only if the breach results in factual harm. …

The Sovereign In Commerce, Kate Sablosky Elengold, Jonathan D. Glater

Faculty Publications

The federal government is increasingly a commercial actor, providing retail services directly through its own agencies and indirectly through privatesector contractors. Government involvement with and in the private sector is intended to capitalize on the expertise and efficiency of businesses, benefit taxpayers, and promote public ends. Yet this involvement also confers advantages that benefit the executive branch and its contractor allies at the expense of consumers and states. Our prior work in these pages examined how a muddle of doctrines that form a sovereign shield can be exploited by contractors and the executive branch to evade civil liability and regulatory …

War Powers Abrogation, Jeffrey M. Hirsch

Faculty Publications

The United States’ peacetime security is based entirely on its all-volunteer armed forces. These volunteers, split equally between full- and part-time servicemembers, risk not only their health and safety, but also their economic stability when they are called away from home for training or active duty. Servicemembers’ duties also interfere with the demands of employers, creditors, and government agencies—which can result in job losses, financial difficulties, and other costs. As a result, the federal government has long used its constitutional war powers to enact legislation protecting servicemembers from many of these hardships. These statutes provide employment leave and antidiscrimination protection, …

Separation Of Powers Versus Checks And Balances In The Criminal Justice System: A Response To Professor Epps, Carissa Byrne Hessick

Faculty Publications

No abstract provided.

The Mark Of Policing: Race And Criminal Records, Eisha Jain

Faculty Publications

This Essay argues that racial reckoning in policing should include a racial reckoning in the use of criminal records. Arrests alone—regardless of whether they result in convictions—create criminal records. Yet because the literature on criminal records most often focuses on prisoner reentry and on the consequences of criminal conviction, it is easy to overlook the connections between policing decisions and collateral consequences. This Essay employs the sociological framework of marking to show how criminal records entrench racial inequality stemming from policing. The marking framework recognizes that the government creates a negative credential every time it creates a record of arrest …

The Surprising Significance Of De Minimis Tax Rules, Leigh Z. Osofsky, Kathleen Delaney Thomas

Faculty Publications

De minimis tax rules — rules that eliminate tax burdens for low-income taxpayers or low-dollar transactions — abound in the tax law. Despite the prevalence of such rules, legal scholarship has treated them as — well — de minimis, or as mere rounding errors that do not merit sustained attention. This perspective is understandable. If de minimis rules address insignificant taxpayers or tax liabilities, aren’t the rules themselves likely to be insignificant? Recent tax law developments have revealed that this conception of de minimis tax rules is deeply misguided. Major allocations of tax law liability, as well as accompanying questions …

Piercing The (Sovereign) Veil, W. Mark C. Weidemaier

Faculty Publications

Sovereign nations own more than ten percent of the world's largest firms and use these ownership stakes to pursue economic, social, and political objectives unrelated to profit maximization. Sovereign nations also have unique powers and attributes that ordinary owners lack. Sovereigns do not need an owner's control rights to direct entity behavior; they have the power to regulate. Sovereigns do not need an owner's economic rights to extract value; they have the power to tax. And sovereigns do not need to hide behind the principle of limited liability, which protects owners of limited liability entities; they have sovereign immunity in …

Special Interests In Prosecutor Elections, Carissa Byrne Hessick, Nathan Pinnell

Faculty Publications

While much has been written about money in politics generally, little attention has been paid to money in prosecutor elections specifically. This Symposium Article aims to identify the special interests at play in prosecutor elections. Using an original nationwide dataset of campaign contributions in prosecutor elections, it also seeks to provide insight into the extent of special interests' financial power in those elections.

In accomplishing these two tasks, this Article grapples with the incongruence between ordinary theories of special interests and the office of prosecutor. Most theories have been developed to describe and explain how special interests seek to influence …

Reading Magna Carta: Textualist Or Originalist?, John V. Orth

Faculty Publications

Debates concerning the proper method for reading legal texts did not begin in the modern era. In fact, they have been going on in our legal tradition for hundreds of years. One of the oldest, and most consequential, debates concerns the meaning of Magna Carta, the “big charter,” reluctantly granted by King John in 1215 in response to the demands of his rebellious barons. Many of its provisions, called chapters, resolved disputes that quickly became dated – very dated.

Although Magna Carta has by now receded too far into the past for us to be confident of its exact meaning, …

Power Sector Carbon Reduction: An Evaluation Of Policies For North, Kate Konschnik, Martin Ross, Jonas J. Monast, Jennifer Weiss, Gennelle Wilson

Faculty Publications

The North Carolina power sector is poised for transition. Economics have driven big changes on the grid, making cleaner options for electricity generation cost competitive with traditional resources. North Carolina clean energy policies have further enabled the shift into renewable resources. Building on this momentum, Duke Energy Corporation and our state’s rural electric cooperatives have set ambitious climate goals, including “net zero” carbon emissions by 2050.

Well-designed policies can accelerate pollution reduction, make change more affordable for state residents and business, and stimulate job growth. For this reason, the North Carolina Clean Energy Plan (CEP)—developed pursuant to Governor Cooper’s Executive …

Risky Education, Osamudia James

Faculty Publications

No abstract provided.

The Political Economy Of Pandemic Pods, Osamudia James

Faculty Publications

No abstract provided.

Leadership... From A To Z, Anne Klinefelter

Faculty Publications

No abstract provided.

When Therapy Goes Public: Copyright Gatekeepers And Sharing Therapeutic Artifacts On Social Media, Amanda Reid, Pablo Miño

Faculty Publications

No abstract provided.