Addendum
Misinterpreting the Public Purpose Provision: How Hart v. State Eroded North Carolina’s Legal Protections for Education
95 N.C. L. Rev. Addendum 1 (2016)
The North Carolina Street Gang Nuisance Abatement Act: Unconstitutionally Criminalizing the Presence of Gang Members in North Carolina
94 N.C. L. Rev. Addendum 44 (2016)
MERS on the March: Why the Mortgage Electronic Registration System Threatens the Property Rights of Bankrupt Mortgagees
94 N.C. L. Rev. Addendum 18 (2015)
The Root Canal of Antitrust Immunity: North Carolina State Board of Dental Examiners v. FTC
94 N.C. L. Rev. Addendum 1 (2015)
Online Bullying and the First Amendment: State Cyberbullying Statutes After People v. Marquan M.
Click here for PDF* Introduction When fourteen-year-old Sarah[1] first signed up for ask.fm, an anonymous, question-based social media site, the questions and answers were simple and fun.[2] But soon she started getting more sinister messages.[3] Anonymous posters began to tease Sarah about the boy she had a crush on at school.[4] Her mother was sure Sarah’s classmates were sending the messages, but there was no way to prove their identity.[5]… READ MORE
93 N.C. L. Rev. Addendum 179 (2015)
Earning a “C” for Rulemaking: The Ambiguity and Potential Impact of a Recent SEC Rule Governing Nationally Registered Statistical Rating Organizations
Click here for PDF* Introduction Imagine the world’s richest person, Bill Gates, and his more than $80 billion net worth.[1] Now imagine 136 equally wealthy individuals, whose combined $11 trillion net worth[2] would exceed the 2013 gross domestic product (“GDP”) of every country in the world except for the United States.[3] Finally, imagine that all of these individuals and their associated wealth very quickly disappeared, such that every person even… READ MORE
93 N.C. L. Rev. Addendum 150 (2015)
He Shoots, He Scores: An Analysis of O’Bannon v. NCAA on Appeal and the Future of Intercollegiate Athletics
Click here for PDF*** Introduction Intercollegiate athletics has experienced substantial financial gains over the course of the last two decades. During that time, student-athletes have demanded a larger piece of the pie, but the National Collegiate Athletic Association (“NCAA”) and its member institutions have refused to adopt policies that would allow for such gains. When legislative changes wane, litigation often spurs change. Ed O’Bannon, a former star men’s basketball student-athlete,… READ MORE
93 N.C. L. Rev. Addendum 90 (2015)
A License to Kill? Working to Understand Texas Penal Code Section 9.42 and Deadly Force in Defense of Property
Click here for PDF* Introduction “If I see guns on TV where people are getting killed, I change the channel.”[1] These were the words of Ezekiel Gilbert, shortly after a Texas jury acquitted him of the murder of twenty-three-year-old Craigslist escort Lenora Ivie Frago.[2] The murder charge stemmed from an incident on Christmas Eve 2009 where Gilbert, believing Frago’s $150 fee included sex, shot Frago after she… READ MORE
93 N.C. L. Rev. Addendum 69 (2014)
Airing Out HAMP’s Dirty Laundry: Resolving Corvello, Wigod, and the Inherent Problems of the Home Affordable Modification Program’s Trial Period Plans
Click here for PDF Introduction* The Home Affordable Modification Program (“HAMP”) “seems to have created more litigation than it has happy homeowners,”[1] or so the Ninth Circuit recently acknowledged in Corvello v. Wells Fargo Bank, N.A.[2] HAMP was created as an administrative program in late 2008 in response to the nationwide housing collapse and recession.[3] The initial goal of HAMP was to aid “3 to 4 million at-risk… READ MORE
93 N.C. L. Rev. Addendum 39 (2014)
Big (Gay) Love: Has The IRS Legalized Polygamy?
Click here for PDF Big (Gay) Love: Has the IRS Legalized Polygamy?* Anthony C. Infanti** If the Supreme Court says that you have the right to consensual [gay] sex within your home, then you have the right to bigamy, you have the right to polygamy, you have the right to incest, you have the right to adultery. You have the right to anything. —Sen. Rick Santorum[1] Introduction Bigamy and polygamy… READ MORE
93 N.C. L. Rev. Addendum 1 (2014)
Consent, Resistance, and the Physically Helpless Victim: Modernizing North Carolina’s Second-Degree Rape Statute in Light of State v. Huss
92 N.C. L. Rev. Addendum 162 (2014)
North Carolina’s Duty to Read: The Demise of Accountability for Transactional Attorneys?
92 N.C. L. Rev. Addendum 147 (2014)
Reattaching the Severance Argument to Lanvale Properties: Counties’ Authority to Impose Non-Monetary Conditions on Housing Developments Affecting School Capacity
92 N.C. L. Rev. Addendum 120 (2014)
Who Can Call Coaching in Child Sexual Abuse Cases?
92 N.C. L. Rev. Addendum 101 (2014)
Taking Back “Electronic Storage”: South Carolina’s Jennings and Why the Stored Communications Act Should (and Does) Protect Opened Emails
92 N.C. L. Rev. Addendum 76 (2014)
Expanding “Practical Sovereignty”: Pre-Deprivation Due Process Suits for Drone Strikes on Non-U.S. Persons
It is now a matter of public knowledge that the U.S. government has operated, as part of its counterterrorism policy since September 11, 2001, a major program of extrajudicial targeted killings via unmanned aerial vehicles (i.e., “armed drones”). Undertaken by the U.S. military and the CIA pursuant to the 2001 Authorization for Use of Military Force (“AUMF”), U.S. drone strikes have targeted members of Al Qaeda and their vaguely defined… READ MORE
92 N.C. L. Rev. Addendum 57 (2013)
An Outrageous Response To “You’re Fired!”
“[W]hile the loss of a job is often devastating to an employee and at times unfair, these considerations do not play a role under our employment-at-will doctrine, and our exceptions to this law, such as sex discrimination, are only based on the underlying discriminatory motivation of the decision maker.”
92 N.C. L. Rev. Addendum 17 (2013)
THE SUPREME COURT, CAFA, AND PARENS PATRIAE ACTIONS: WILL IT BE PRINCIPLES OR BIASES?
The Supreme Court will hear a case during its 2013-2014 term that will test the principles of both its conservative and the liberal wings. In Mississippi ex rel. Hood v. AU Optronics Corp., Justices from each wing of the Court will be forced to choose between the modes of statutory interpretation they usually have favored in the past and their previously displayed pro-business or anti-business predispositions. The issue is whether… READ MORE
92 N.C. L. Rev. Addendum 1 (2013)
Drawing Lines: Unrelated Probable Cause As a Prerequisite to Early DNA Collection
Swabbing the inside of a cheek has become part of the custodial arrest process in many jurisdictions. The majority view is that routinely collecting DNA before conviction (and analyzing it, recording the results, and comparing them to DNA profiles from crime-scene databases) is consistent with Fourth Amendment protections against unreasonable searches and seizures. However, some judges and commentators have argued that DNA sampling in advance of a determination by a… READ MORE
91 N.C. L. Rev. Addendum 1 (2012)
In the Dead of the Night: Examining the Constitutionality and Precedent for the North Carolina General Assembly’s Infamous “Midnight Session”
“Unprecedented,” “unethical,” “pure chicanery,” “fundamentally unconstitutional”: all of these phrases were used to denounce the now-infamous “midnight session” held by the North Carolina General Assembly on January 5, 2012. After being called into session by Governor Beverly Perdue on January 4 to consider overruling a gubernatorial veto of Senate Bill 9—a reformation of the Racial Justice Act (“RJA”)—the Republican leaders of the House of Representatives employed procedural gymnastics to permit… READ MORE
91 N.C. L. Rev. Addendum 21 (2012)