Volume 91

Julius Levonne Chambers, Class of 1962: In Memoriam

By John Charles Boger

91 N.C. L. Rev. 1881 (2013)

“Going Once, Going Twice . . .”: The Dubious Legality and Necessity of North Carolina’s Auctioneer License Statute

By Enrique Armijo

Calling an auction in North Carolina without a state-granted license is illegal. More than half the states in the United States have also criminalized unlicensed auctioneering. North Carolina claims to restrict who can call auctions to protect the public from frauds. It has even gone so far as to claim the restriction applies to online auctioneers. The history of auctioneering, however, as manifested in a range of self-regulatory protections developed… READ MORE

91 N.C. L. Rev. 1887 (2013)

Safeguarding the Propriety of the Judiciary

By Jon P. McClanahan

The ABA Model Code of Judicial Conduct and the judicial codes of conduct in nearly every jurisdiction admonish judges to avoid the appearance of impropriety. The North Carolina Code of Judicial Conduct likewise contained a similar prohibition until 2003, when the Supreme Court of North Carolina removed the language and made related amendments to the Code. Although North Carolina is an outlier in this regard, two questions remain: first, whether… READ MORE

91 N.C. L. Rev. 1951 (2013)

Economic Development Incentives and North Carolina Local Governments: A Framework for Analysis

By C. Tyler Mulligan

In the global competition to recruit jobs and capital investment, North Carolina local governments routinely offer economic development incentives to private companies in exchange for promises to construct job-creating facilities locally. The North Carolina Supreme Court sanctioned such business recruitment incentives in this competitive context in the landmark 1996 case, Maready v. City of Winston-Salem. Today, however, local governments field a broad array of incentive requests, ranging from the traditional… READ MORE

91 N.C. L. Rev. 2021 (2013)

Giving Away the Playbook: How North Carolina’s Public Records Law Can Be Used to Harass, Intimidate, and Spy

By Ryan C. Fairchild

State public records laws (PRLs) provide a powerful tool for promoting government transparency and accountability. However, because PRLs have such broad reach, those seeking to harass, intimidate, and spy can employ PRLs as a weapon. To mitigate deleterious uses of PRLs, legislatures include specific exemptions to protect more sensitive types of information from public view. Typical examples include records containing personally identifying information, law enforcement records for ongoing investigations, and… READ MORE

91 N.C. L. Rev. 2117 (2013)

Negotiating Miller Madness: Why North Carolina Gets Juvenile Resentencing Right While Other States Drop the Ball

By Molly F. Martinson

In June of 2012, the Supreme Court of the United States held in Miller v. Alabama that any mandatorily imposed sentence of life imprisonment without the possibility of parole for juvenile offenders is unconstitutional as a violation of the Eighth Amendment. The Court ruled that before juveniles may be sentenced to life without parole, the sentencing authority in each case must have the ability to consider mitigating factors of the… READ MORE

91 N.C. L. Rev. 2179 (2013)

Plain Error but No Plain Future: North Carolina’s Plain Error Review After State v. Lawrence

By Troy D. Shelton

When litigants fail to make timely objections to errors at trial, only some of those errors can be raised before an appellate court. Those that can be raised are subject to a deferential “plain error” standard of review. Recently, the Supreme Court of North Carolina announced a new standard for plain error review in State v. Lawrence. The new standard purports to require that the unraised error had “probable impact”… READ MORE

91 N.C. L. Rev. 2218 (2013)

United States v. Lawson: Problems with Presumption in the Fourth Circuit

By Anna H. Tison

Changing technology impacts the way people interact with the law, including both judges and jurors. And with the advent of websites such as Wikipedia, juror misconduct—particularly in the form of researching aspects of the case online—is on the rise. Despite the Fourth Circuit’s admission that it had relied on Wikipedia in judicial opinions in the past, the court held in United States v. Lawson that a juror’s use of Wikipedia… READ MORE

91 N.C. L. Rev. 2244 (2013)

“He is the Darkey with the Glasses On”: Race Trials Revisited

By Anthony V. Alfieri

To better understand the sociolegal meaning of race talk within the context of race trials, this Essay proceeds in two parts. Part I revisits my own previous efforts to map the contours of race trials in light of the important scholarship collected here. Those efforts emphasize the significance of racial identity, racialized narrative, and other race-ing factors to legal representation, and extend here through the work of Brophy, Delgado, Lubet,… READ MORE

91 N.C. L. Rev. 1497 (2013)

Precious Knowledge: State Bans on Ethnic Studies, Book Traffickers (Librotraficantes), and a New Type of Race Trial

By Richard Delgado

The rapid growth of populations of color, particularly relatively young groups like Latinos, has generated an increasing number of conflicts over schools and schooling. One such controversy erupted in Tucson, Arizona, over a successful Mexican American Studies program in the public schools. The controversy featured accusations that the program was un-American and biased, while defenders countered that it greatly boosted attendance, graduation rates, and aspiration level for hundreds of Latino… READ MORE

91 N.C. L. Rev. 1513 (2013)

Making Race Salient: Trayvon Martin and Implicit Bias in a Not Yet Post-Racial Society

By Cynthia Lee

This Article uses the Trayvon Martin shooting to examine the operation of implicit racial bias in cases involving self-defense claims. Judges and juries are often unaware that implicit racial bias can influence their perceptions of threat, danger, and suspicion in cases involving minority defendants and victims. Failure to recognize the effects of implicit racial bias is especially problematic in cases involving black male victims and claims of self-defense because such… READ MORE

91 N.C. L. Rev. 1555 (2013)

Anatomy of a Modern-Day Lynching: The Relationship Between Hate Crimes Against Latina/os and the Debate Over Immigration Reform

By Kevin R. Johnson & Joanna E. Cuevas Ingram

Our contribution to the “Race Trials” symposium considers the protracted legal battles to bring justice to the perpetrators of the killing of a young Mexican immigrant in rural Pennsylvania. From that sensational case, we attempt to draw more general civil rights lessons. The Article specifically contends that hate crimes directed at Latina/os, which have been at consistently high levels for the entire twenty-first century, are in no small part tied… READ MORE

91 N.C. L. Rev. 1613 (2013)

The Lost Brown v. Board of Education of Immigration Law

By Gabriel J. Chin, Cindy Hwang Chiang & Shirley S. Park

This Article proposes that in 1957, the Supreme Court came close to applying Brown v. Board of Education to immigration law. In Brown, the Supreme Court held that school segregation was unconstitutional. Ultimately, Brown came to be understood as prohibiting almost all racial classifications. Meanwhile, in a line of cases exemplified by Chae Chan Ping v. United States and Fong Yue Ting v. United States, the Supreme Court held that… READ MORE

91 N.C. L. Rev. 1657 (2013)

Slaves, Free Blacks, and Race in the Legal Regimes of Cuba, Louisiana, and Virginia: A Comparison

By Ariela Gross & Alejandro de la Fuente

This Article analyzes the legal regimes regulating slavery and race at the ground level as they evolved in three different locations in the Americas (Virginia, Cuba, and Louisiana), showing how they shaped, and were shaped in turn, by the actions of people of color. The Article attempts to compare law “from the bottom up”: regulatory efforts by local legislatures, slaves’ claims in court, trial-level adjudications, and interactions among ordinary people… READ MORE

91 N.C. L. Rev. 1699 (2013)

Hughes v. Jackson: Race and Rights Beyond Dred Scott

By Martha S. Jones

With its focus on race and rights in Maryland, this Article opens a new chapter in the history of black citizenship before the Civil War. Evidence from Maryland’s courts, legislature, and local courthouses establishes that free black Americans were not the people with “no rights” that Roger Taney imagined them to be. Nor, however, were they citizens in an unqualified sense. Appearing before state officials, free black Americans were able… READ MORE

91 N.C. L. Rev. 1757 (2013)

Execution in Virginia, 1859: The Trials of Green and Copeland

By Steven Lubet

This essay tells the story of Shields Green and John Copeland, two black men who joined John Brown’s raid on Harpers Ferry in 1859. Along with Brown and several others, Green and Copeland were taken prisoner in the aftermath of the failed insurrection, and they were brought to trial in nearby Charles Town on charges of murder and treason. Unlike Brown, who was treated respectfully by his captors, Green and… READ MORE

91 N.C. L. Rev. 1785 (2013)

The Nat Turner Trials

By Alfred L. Brophy

“The Nat Turner Trials” locates the trials of slaves in the wake of the Nat Turner rebellion in the context of common and statutory law and extra-legal responses to slavery in Virginia and North Carolina during the early 1830s. The Article shows how trials were part of the whole system of slavery, held together by norms of white supremacy promulgated in the press, the pulpit, and on plantations. Decisions from… READ MORE

91 N.C. L. Rev. 1817 (2013)

KEYNOTE: “HE IS THE DARKEY WITH THE GLASSES ON”: RACE TRIALS REVISITED

By Anthony V. Alfieri

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

THE NAT TURNER TRIALS

By Alfred L. Brophy

“The Nat Turner Trials” locates the trials of slaves in the wake of the Nat Turner rebellion in the context of common and statutory law and extra-legal responses to slavery in Virginia and North Carolina during the early 1830s. The Article shows how trials were part of the whole system of slavery, held together by norms of white supremacy promulgated in the press, the pulpit, and on plantations. Decisions from… READ MORE

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

EXECUTION IN VIRGINIA, 1859: THE TRIALS OF GREEN AND COPELAND

By Steven Lubet

xThis essay tells the story of Shields Green and John Copeland, two black men who joined John Brown’s raid on Harpers Ferry in 1859. Along with Brown and several others, Green and Copeland were taken prisoner in the aftermath of the failed insurrection, and they were brought to trial in nearby Charles Town on charges of murder and treason. Unlike Brown, who was treated respectfully by his captors, Green and… READ MORE

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