Issue 1 · December 2009

Commencement Address—May 10, 2009

By Michael B. Mukasey

On May 10, 2009, former Attorney General Michael B. Mukasey delivered commencement remarks to the graduating class of the UNC School of Law. Reminding the graduates that lawyers deal with the very hardest subjects and questions, Mr. Mukasey described the challenges he faced as a federal district judge and as attorney general, urging all lawyers to join the national debate on the issues confronting our nation. Mr. Mukasey served from… READ MORE

88 N.C. L. Rev. 1 (2009)

The Truth About Physician Participation in Lethal Injection Executions

By Ty Alper

This Article addresses an aspect of Baze v. Rees (the Court’s recent lethal injection decision out of Kentucky) that has received little attention but threatens to have a significant impact on the way in which the holding of Baze is implemented in other states. In short, several of the Justices’ opinions in Baze were premised on the faulty notion that doctors cannot and will not participate in executions. As a… READ MORE

88 N.C. L. Rev. 11 (2009)

Presidential Control of the Elite “Non-Agency”

By Kimberly N. Brown

This article examines the constitutionality of legislation creating a new form of independent agency—in effect, a “non-agency” agency residing in the no-man’s land between Articles I and II of the Constitution. In the Sarbanes-Oxley Act, Congress established the Public Company Accounting Oversight Board (“PCAOB” or “Board”) and endowed it with massive governmental powers while insulating it from traditional mechanisms for ensuring accountability. Congress deemed the PCAOB not an agency, rendered… READ MORE

88 N.C. L. Rev. 71 (2009)

Requiring a Jury Vote of Censure to Convict

By Richard E. Myers II

This Article proposes changing the way juries (and judges) render their verdicts in criminal cases by explicitly requiring a separate finding before a defendant can be convicted: censure. Under mandatory jury censure, the criminal trial jury (or judge, if serving as factfinder), would be required to make a specific finding of censure in addition to any factual finding required under the law before a defendant could be convicted, as opposed… READ MORE

88 N.C. L. Rev. 137 (2009)

Serendipity

By Sean B. Seymore

Serendipity, the process of finding something of value initially unsought, has played a prominent role in modern science and technology. These “happy accidents” have spawned new fields of science, broken intellectual and technological barriers, and furnished countless products which have altered the course of human history. In the realm of patent law, one curious aspect of accidental discoveries which has received little attention in the academic literature and the courts… READ MORE

88 N.C. L. Rev. 185 (2009)

Dusting Off the AK-47: An Examination of NFL Players’ Most Powerful Weapon in an Antitrust Lawsuit against the NFL

By Sean W.L. Alford

Most of today’s football fans take labor peace for granted. After all, it has been more than fifteen years since professional football experienced the labor strife that led to one of the most significant antitrust decisions in favor of its players – McNeil v. National Football League. At the time, the decision was thought to be so player-friendly that one law professor coined it as the player’s “collective bargaining equivalent… READ MORE

88 N.C. L. Rev. 212 (2009)

The Data Game: Learning to Love the State-based Approach to Data Breach Notification Law

By Sara Needles

Packets of data identifying individuals are stored, sold, and swapped in more forums than it is possible to account for. As headlines signal more database-security breaches, increasing attention is being paid to the security of individuals’ personal information, particularly when that data is computerized. Beginning with California in 2003, all but five states have enacted data breach notification laws to help stanch and respond to data breaches. But because businesses… READ MORE

88 N.C. L. Rev. 267 (2009)

To Form a More Perfect Union: Taxation, Economic Efficiency, and the Dormant Commerce Clause in Department of Revenue v. Davis

By Casey J. Jennings

88 N.C. L. Rev. 311 (2009)

Damages Under the Privacy Act: Is Emotional Harm Actual?

By Nicole M. Quallen

In Cooper v. Federal Aviation Administration, et al, a District Court in the Northern District of California held that pilot Stanmore Cooper would not be compensated under the Privacy Act for the emotional harm he suffered when the Social Security Administration illegally disclosed his HIV status to the Federal Aviation Administration, the Department of Transportation and, ultimately, the public. This Note attempts to discern whether the Privacy Act’s “actual damages”… READ MORE

88 N.C. L. Rev. 334 (2009)