Marching Toward a Day of Reckoning: Dissecting the Complex Intersection of Insurance Law and Climate Change Litigation Through AES Corp. v. Steadfast Ins. Co.

By Douglas J. DeBaugh

Recently, the Supreme Court held that the Clean Air Act displaces federal common law public nuisance claims. This ruling struck a significant blow to climate change plaintiffs, as the nuisance doctrine had become critical for parties seeking the abatement of greenhouse gas emissions and damages for harms caused by those emissions. Because the Court has declined to rule on the viability of state law tort claims, some scholars believe an… READ MORE

91 N.C. L. Rev. Addendum 95 (2013)

The Capture and Interrogation of § 1651 Pirates: The Consequences of United States v. Dire

By James C. Douglas

Typically, the phrase “piracy on the high seas” conjures up images of seventeenth and eighteenth century buccaneers looting the ships of rich monarchies. Perhaps due to this sentiment, Congress has not felt the need to substantively amend its general piracy statute—18 U.S.C. § 1651—in over 150 years. Maritime piracy, however, is making a comeback of sorts off of the coast of East Africa, a comeback that creates an issue for the… READ MORE

91 N.C. L. Rev. Addendum 119 (2013)

Use It or Lose It: The Fourth Circuit Keeping the Right to Rescind Under TILA Out of the Courts in Gilbert v. Residential Funding LLC.

By Jared A. Knight

The Truth in Lending Act provides a borrower the unconditional right to rescind a mortgage from the point of consummation until midnight on the third business day following the consummation of the mortgage transaction. However, if a lender fails to make certain required disclosures, the right is extended until all of the required disclosures are made or until three years have passed since the date of consummation. Issues arise when… READ MORE

91 N.C. L. Rev. 148 (2013)

Parenthood by Estoppel? Assessing Boseman v. Jarrell and North Carolina’s Child Custody Standard

By Andrew D. Brown

While North Carolina’s legal standards in the area of parental rights are generally consistent with the standards set forth by federal constitutional jurisprudence, the Supreme Court of North Carolina’s most recent venture into child custody analysis demonstrates that the state’s custody standard has gradually deviated in a subtle, yet significant way from federal constitutional requirements. In Boseman, the court effectively terminated the parental rights of a fit, legal parent by granting… READ MORE

90 N.C. L. Rev. Addendum 180 (2012)

Cybercrime in the Securities Market: Is U.C.C. Article 8 Prepared?

By Christina Parajon Skinner

Today, over ninety percent of stock trades are done electronically through financial institutions, exchanges, and brokerage houses. Paper transactions—effectuated by the transfer of a physical stock certificate—are rare and, for that matter, outdated. And as a result of industry efforts to phase out the stock certificate, many investors today can no longer reify their stock ownership with a paper certificate. Yet despite attempts to modernize the commercial law governing investment securities to account… READ MORE

90 N.C. L. Rev. Addendum 132 (2012)

A Better Balancing: Reconsidering Pre-Conviction DNA Extraction from Federal Arrestees

By Kevin Lapp & Joy Radice

In a 2004 en banc decision, the Ninth Circuit Court of Appeals upheld as reasonable under the Fourth Amendment the congressionally mandated extraction of DNA from certain federal offenders who were on parole, probation, or supervised release in United States v. Kincade. This reversed the panel opinion, marking the first time a federal court had permitted compulsory DNA extraction from non-incarcerated federal offenders. In dissent, Judge Reinhardt predicted that the majority’s… READ MORE

90 N.C. L. Rev. Addendum 157 (2012)

Transfer on Death Deeds: Benefit or Burden? A Proposal for Transfer on Death Deed Legislation in North Carolina

By Jennifer W. Jiang

Real property is a unique concept upon which ideas of property ownership and testator rights have been added to form a multifaceted spectrum of law. An individual’s right to own and devise real property is rooted in common law principles and secured by expectations of testamentary freedom. In an effort to protect these rights, owners execute wills and trusts to maintain control of the distribution of their property after death. Once… READ MORE

90 N.C. L. Rev. Addendum 106 (2012)

The Right to Bear Arms and the Abominable Snowman: How Six Inches of Snow Swallowed a Fundamental Right

By Joshua J. Styles

Hurricane Katrina brought unparalleled devastation to the Gulf Coast of the United States. In the wake of the storm, lawlessness descended upon the city of New Orleans. Looters ravaged the city, and innumerable reports of arsons, carjackings, rapes, and shootings overwhelmed local authorities. Law enforcement officers were simply incapable of responding to many of the calls; indeed, some officers completely abandoned their posts. In response to all these heinous crimes,… READ MORE

90 N.C. L. Rev. Addendum 84 (2012)

Judicial Independence Revisited: Judicial Elections and Missouri Plan Challenges

By Scott W. Gaylord

In Public Funding of Judicial Campaigns: The North Carolina Experience and the Activism of the Supreme Court, Professor Paul Carrington provides a thorough overview of the history of judicial selection in North Carolina as well as the alleged problems with judicial elections. In particular, Professor Carrington argues that recent Supreme Court decisions affecting the speech rights of judicial candidates and their supporters have created a “national crisis” and have rendered… READ MORE

90 N.C. L. Rev. Addendum 61 (2012)

Judged by the Sum of Our Actions? The Relevance of Non-Party Behavior in State v. Mello

By Sara B. Milstein

Part I of this Recent Development lays out the issue of first impression in North Carolina and critically analyzes how the majority decision in the court of appeals, affirmed by the state supreme court, came to its holding. This section also analyzes the dissent’s arguments and observes underlying tensions in the opinion that reveal greater insight into the dissent’s position. Part II examines background Fourth Amendment case law by order… READ MORE

90 N.C. L. Rev. Addendum 41 (2011)

Serving a Summons by First Class Mail: Why Bankruptcy Rule 7004(b)(1) Violates Due Process

By Jonathon S. Byington

Even though it has been accepted and widely used throughout the nation for thirty-five years by courts, practitioners, and commentators, the service method of delivering a summons and complaint solely by first class mail under Bankruptcy Rule7004(b)(1) violates due process. Bankruptcy court jurisdiction was vastly expanded after the bankruptcy rules first authorized service by first class mail. This expansion fundamentally changed the nature of bankruptcy proceedings for which mailservice could… READ MORE

90 N.C. L. Rev. Addendum 1 (2011)

Paradigms of Plagiarism: Fair Use and Plagiarism Detection Software in A.V. ex rel. Vanderhye v. iParadigms, LLC

By Laura A. Dickson

Multiple surveys taken over the past four years indicate that a large portion of undergraduate students at America’s colleges and universities admit to cheating on a college exam or assignment. In fact, in one survey, over fifty percent of college students confessed to having plagiarized from the Internet. As information has become easier to access, students are increasingly tempted to plagiarize content from online sources. More troubling, many students who… READ MORE

89 N.C. L. Rev. Addendum 29 (2011)

Murders & Executions: The SEC’s Regrettable Reluctance to Formalize a Finder’s Exemption in M&A Transactions

By Clay Martin

“Mergers and acquisitions” is an often misunderstood and perhaps intimidating field encompassing both complex transactional law issues, as well as specialized business practices. Since the decade of the 1980s and the birth of the hostile takeover, business combinations have become more frequent and involve increasingly large capital expenditures. So numerous have mergers and acquisition transactions become, popular culture has embraced their drama in both film and novel. While the volume… READ MORE

89 N.C. L. Rev. Addendum 16 (2011)

No Brothers Allowed: How Expanding a Juvenile’s Miranda Rights Backfired on a North Carolina Sheriff’s Department

By Trent McCotter

Imagine watching the nervousness wash over fifteen-year-old Micah. His parents have brought him to the sheriff’s office to talk with a female detective about sexual contact he allegedly had with his younger brother Jake. He does not want to talk with the detective alone—it would be embarrassing to talk to a female about this, and talking one-on-one would be intimidating. And there is no way he would allow his parents… READ MORE

89 N.C. L. Rev. Addendum 1 (2011)

Hall v. Torero’s II, Inc.: Drunken Driving, Bar Liability, and the Quest for Safer Roadways

By Fitz E. Barringer

Tragedy can strike in the blink of an eye. For Michael and Theresa Hall, tragedy struck at approximately 10:40 p.m. on December 3, 1997. That evening the couple was driving on Guess Road in Durham, less than a mile from Torero’s, a local Mexican bar and restaurant. Unbeknownst to them, William Terry, an admitted alcoholic, was driving in the opposite direction. Terry had spent the evening at Torero’s consuming numerous… READ MORE

88 N.C. L. Rev. Addendum 22 (2010)

A Time for Action: Reforming the North Carolina Tax Code

By Andrew J. Haile

The economic recession has forced almost all states to make difficult budget decisions, including cuts to education funding and other essential government services. North Carolina is no exception. Faced with a projected $4.6 billion budget shortfall, the General Assembly last year cut services, increased taxes, and yet still had to rely on federal recovery funds to balance the budget. While the depth of the recession may have made last year’s… READ MORE

88 N.C. L. Rev. Addendum 1 (2010)

About Addendum

  • The North Carolina Law Review’s online supplement, Addendum, is a new forum for legal academics, practitioners, judges, and students to publish cutting-edge scholarship. Each article published in Addendum undergoes a rigorous editing process, but because the editing process is not restricted by print-publication timelines, articles can be published faster than pieces released in the Review’s print edition.
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