Issue 2

Future Conduct and the Limits of Class-action Settlements

By James Grimmelmann

This Article identifies a new and previously unrecognized trend in class-action settlements: releases for the defendant’s future conduct. Such releases, which hold the defendant harmless for wrongs it will commit in the future, are unusually dangerous to class members and to the public. Even more than the “future claims” familiar to class-action scholars, future-conduct releases pose severe informational problems for class members and for courts. Worse, they create moral hazard… READ MORE

91 N.C. L. Rev. 387 (2013)

Waiving Due Process (Goodbye): Stipulated Orders of Removal and the Crisis in Immigration Adjudication

By Jennifer Lee Koh

In recent years, the federal government has deported a surprising number of non-citizens through a little-known procedure called stipulated removal, in which a non-citizen agrees to the entry of a formal removal order while waiving the right to an in-person hearing before an Immigration Judge. The federal government has looked to stipulated orders of removal as a partial solution to the mismatch between its enforcement goals and the resources of… READ MORE

91 N.C. L. Rev. 475 (2013)

A Corporate Offshore Transitions Tax

By Susan C. Morse

Congress might repeal the residual U.S. tax imposed when non-U.S. subsidiaries repatriate earnings to U.S. parent corporations. Repeal would raise the transition issue of how to tax the $1 trillion to $2 trillion of offshore earnings held by such non-U.S. subsidiaries. This Article proposes a 5–10% corporate offshore profits transition tax on non-U.S. subsidiaries’ untaxed earnings and profits, without downward adjustment for a foreign tax credit. It suggests using the… READ MORE

91 N.C. L. Rev. 549 (2013)

Power Down: Tasers, The Fourth Amendment, and Police Accountability in the Fourth Circuit

By Ian A. Mance

This Comment focuses its attention on the phenomenon of taser abuse in the states that comprise the Fourth Circuit: Maryland, North Carolina, South Carolina, Virginia, and West Virginia. It assesses the state of the law as presented to genuine victims of police abuse who wish to vindicate their right to be free of excessive force under 42 U.S.C. § 1983, the federal statute under which plaintiffs can seek relief for violations of… READ MORE

91 N.C. L. Rev. 606 (2013)

Still as Moonlight: Why Tax Increment Financing Stalled in North Carolina

By Adam C. Parker

This Comment argues that North Carolina’s TIF statute is infrequently used for multiple reasons, including its complexity, the availability of alternative financing forms, the constrictive nature of TIF’s statutory structure, and other ancillary factors such as a nationwide decrease in demand for municipal bonds and negative perceptions surrounding the Roanoke Rapids Theatre. This Comment further suggests revisions to the statute that could make TIF a more viable debt-financing instrument in… READ MORE

91 N.C. L. Rev. 661 (2013)

Senate Bill 33 Grants Protection to Emergency Room Providers . . . and Just About Everyone Else, Too

By Elizabeth Hill

The North Carolina General Assembly recently passed a hotly debated bill that reformed medical malpractice liability in several ways. Although this legislation received much attention because it placed a cap on noneconomic damages in medical malpractice suits, another provision also drastically alters current medical malpractice law in North Carolina. The General Assembly gave emergency health care providers further protection from liability by raising the burden of persuasion from the normal “preponderance of… READ MORE

91 N.C. L. Rev. 720 (2013)