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Full-Text Articles in Law
A2j/A2k: Access To Justice, Access To Knowledge, And Economic Inequalities In Open Courts And Arbitrations, Judith Resnik
A2j/A2k: Access To Justice, Access To Knowledge, And Economic Inequalities In Open Courts And Arbitrations, Judith Resnik
North Carolina Law Review
No abstract provided.
The Black Hole Of Mandatory Arbitration, Cynthia Estlund
The Black Hole Of Mandatory Arbitration, Cynthia Estlund
North Carolina Law Review
No abstract provided.
Revolution V. Evolution In Class Action Reform, Richard Marcus
Revolution V. Evolution In Class Action Reform, Richard Marcus
North Carolina Law Review
No abstract provided.
Confidential Witness Interviews In Securities Litigation, Gideon Mark
Confidential Witness Interviews In Securities Litigation, Gideon Mark
North Carolina Law Review
No abstract provided.
Why Do Prosecutors Say Anything? The Case Of Corporate Crime, Samuel W. Buell
Why Do Prosecutors Say Anything? The Case Of Corporate Crime, Samuel W. Buell
North Carolina Law Review
No abstract provided.
Automatic (Expunctions) For The People: For A Court-Initiated Expunction Right In North Carolina For Charges Not Resulting In Conviction, Charles J. Johnson
Automatic (Expunctions) For The People: For A Court-Initiated Expunction Right In North Carolina For Charges Not Resulting In Conviction, Charles J. Johnson
North Carolina Law Review
No abstract provided.
Cancer's Ip, Jacob S. Sherkow
Conspiracy To Arbitrate, Christopher R. Leslie
Conspiracy To Arbitrate, Christopher R. Leslie
North Carolina Law Review
No abstract provided.
Clustered Bias, Kate Sablosky Elengold
Clustered Bias, Kate Sablosky Elengold
North Carolina Law Review
No abstract provided.
Two Tiers Of Plaintiffs: How North Carolina's Tort Reform Efforts Discriminate Against Low-Income Plaintiffs, Eric S. Goodheart
Two Tiers Of Plaintiffs: How North Carolina's Tort Reform Efforts Discriminate Against Low-Income Plaintiffs, Eric S. Goodheart
North Carolina Law Review
No abstract provided.
The Fourth Amendment's De Facto Physical Barrier Requirement: A Movement Toward A True Totality Of The Circumstances Test After United States V. Carloss, Philip D. Mayer
The Fourth Amendment's De Facto Physical Barrier Requirement: A Movement Toward A True Totality Of The Circumstances Test After United States V. Carloss, Philip D. Mayer
North Carolina Law Review
No abstract provided.
Contents, North Carolina Law Review
Examining The Evolution Of Legal Precedent Through Citation Network Analysis, Iain Carmichael, James Wudel, Michael Kim, James Jushchuk
Examining The Evolution Of Legal Precedent Through Citation Network Analysis, Iain Carmichael, James Wudel, Michael Kim, James Jushchuk
North Carolina Law Review
No abstract provided.
Why There Should Be A Presumption Against Nationwide Preliminary Injunctions, Katherine B. Wheeler
Why There Should Be A Presumption Against Nationwide Preliminary Injunctions, Katherine B. Wheeler
North Carolina Law Review
No abstract provided.
The Mirage Of Use Restrictions, Ric Simmons
The Mirage Of Use Restrictions, Ric Simmons
North Carolina Law Review
This Article concludes that most types of use restrictions do not have sufficient legal justifications. It first reviews the many possible applications of use restrictions and discusses five potential doctrinal bases to justify them: (1) apply an “ongoing seizure” doctrine; (2) create a purpose test for the exclusionary rule; (3) re-define a “search” as including the processing of information, not just its collection; (4) make the purpose of the data collection a factor in determining whether collecting the data is a search; and (5) limit which government agencies are allowed access to the data that is collected. This Article then …
Contents, North Carolina Law Review
More Restrictive Alternatives, Michael Coenen
More Restrictive Alternatives, Michael Coenen
North Carolina Law Review
Courts often fault governments for pursuing their regulatory interests in an unnecessarily restrictive manner. Indeed, and as is well appreciated by courts, litigants, and scholars alike, the availability of a “less restrictive alternative” will often spell the doom of a constitutionally suspect law. Sometimes, however, this logic gets flipped on its head, with courts faulting governments for failing to utilize alternatives that are more restrictive rather than less. This Article collects examples of what it calls “more restrictive means” analysis in U.S. constitutional law and attempts to make sense of its analytical underpinnings. Specifically, the Article suggests that courts invoke …
Plenary Power In The Modern Administrative State, Catherine Y. Kim
Plenary Power In The Modern Administrative State, Catherine Y. Kim
North Carolina Law Review
For the past quarter century, the “plenary power” doctrine of immigration law—under which courts suspended ordinary standards of judicial review to defer to the political branches on questions relating to the exclusion, detention, and deportation of noncitizens—has been in decline. The conventional account attributes this development to the expansion of constitutionally protected individual rights across public law cases. This Article assesses changes in immigration law from a different perspective, one having less to do with individual rights than with constitutional structure. It focuses on the role that delegation concerns have played, contextualizing the judiciary’s willingness to review immigration decisions within …
Fake News: Potential Solutions To The Online Epidemic, Lee K. Royster
Fake News: Potential Solutions To The Online Epidemic, Lee K. Royster
North Carolina Law Review
No abstract provided.
Individual Rights, Federalism, And The National Battle Over Bathroom Access, Scott W. Gaylord, Thomas J. Molony
Individual Rights, Federalism, And The National Battle Over Bathroom Access, Scott W. Gaylord, Thomas J. Molony
North Carolina Law Review
No abstract provided.
Chasing Causation: The Fourth Circuit's Americans With Disabilities Act Decision And Proper Causation Standards, Adrianna G. Sarrimanolis
Chasing Causation: The Fourth Circuit's Americans With Disabilities Act Decision And Proper Causation Standards, Adrianna G. Sarrimanolis
North Carolina Law Review
No abstract provided.
Confusion Demands Clarity: A Short, Complicated History Of Contract-Based Fraud Claims In North Carolina, J. William Graebe
Confusion Demands Clarity: A Short, Complicated History Of Contract-Based Fraud Claims In North Carolina, J. William Graebe
North Carolina Law Review
No abstract provided.
Recent Developments In North Carolina Property Law: Where's The Supreme Court Of North Carolina?, John V. Orth
Recent Developments In North Carolina Property Law: Where's The Supreme Court Of North Carolina?, John V. Orth
North Carolina Law Review
No abstract provided.
Solar Financing In North Carolina: The Untapped Potential Of Power Purchase Agreements, Andrew J. Haile
Solar Financing In North Carolina: The Untapped Potential Of Power Purchase Agreements, Andrew J. Haile
North Carolina Law Review
No abstract provided.
Kicking And Screaming: Dragging North Carolina's Direct Constitutional Claims Into The Twenty-First Century, Matthew R. Gauthier
Kicking And Screaming: Dragging North Carolina's Direct Constitutional Claims Into The Twenty-First Century, Matthew R. Gauthier
North Carolina Law Review
No abstract provided.
Contents, North Carolina Law Review
Contents, North Carolina Law Review
Should Mutual Funds Invest In Startups? A Case Study Of Fidelity Magellan Fund's Investments In Unicorns (And Other Startups) And The Regulatory Implications, Jeff Schwartz
North Carolina Law Review
No abstract provided.
Startup Lawyering 2.0, John F. Coyle, Joseph M. Green
Startup Lawyering 2.0, John F. Coyle, Joseph M. Green
North Carolina Law Review
No abstract provided.
Teaching Patents As Real Options, Andrew Chin
Teaching Patents As Real Options, Andrew Chin
North Carolina Law Review
No abstract provided.