Volume 88: Issue 2 · January 2010

To Be Real: Sexual Identity Politics in Tort Litigation

By Anne Bloom

Tort litigation plays a role in constructing what we perceive to be “real” about sexual identity. It does so by assuming that sexual identity is naturally binary (male/female), even in cases which pose a challenge to the credibility of that assumption. Thus, to be “real” in tort litigation is to have a sexual identity which appears to be naturally binary, even if you are not. Individuals who challenge this conception… READ MORE

88 N.C. L. Rev. 357 (2010)

Consumer Investment in Trademarks

By Deborah R. Gerhardt

To protect the interests of trademark owners in many new contexts, trademark law has expanded and uprooted the doctrine from its policy of protecting consumers. To facilitate this expansion, consumer interests are often ignored or manipulated to conform to the interests of mark owners. This Article introduces consumer investment in trademarks as a model to bring public interests back into trademark doctrine. The model demonstrates that because consumers invest marks… READ MORE

88 N.C. L. Rev. 427 (2010)

On the Use and Abuse of Standards for Law: Global Governance and Offshore Financial Centers

By Richard K. Gordon

Current trends in international legal scholarship have shifted from a paradigm of state actors working within recognized sources of international law to one that includes networks of domestic regulators that develop and implement best practices or standards on a global basis. The new paradigm can be seen in operation in the efforts by onshore jurisdictions (most of which are financial centers themselves) to restrict the activities of offshore financial centers.… READ MORE

88 N.C. L. Rev. 501 (2010)

Whose Loss Is It Anyway? Effects of the “Lost-Chance” Doctrine on Civil Litigation and Medical Malpractice Insurance

By Steven R. Koch

This Comment explores the “lost-chance” doctrine—a theory of recovery unique to medical malpractice litigation that permits a patient to recover damages from a doctor without needing to establish a more-likely-than-not causal connection between the doctor’s negligence and the patient’s injury. Using two recent state supreme court decisions as a vehicle for analyzing the policy implications surrounding the doctrine, the Comment recounts the doctrine’s evolution, its current status amongst the fifty… READ MORE

88 N.C. L. Rev. 595 (2010)

Mashed-Up in Between: The Delicate Balance of Artists’ Interests Lost Amidst the War on Copyright

By Michael Allyn Pote

88 N.C. L. Rev. 639 (2010)

Protecting the Greater Good: A Critique of the Public Duty Doctrine as Applied in Murray V. County of Person

By Alexander B. Punger

This recent development defends the much maligned public duty doctrine and criticizes the North Carolina Court of Appeals decision in Murray v. County of Person. The decision in Murray incorrectly based application of the public duty doctrine on whether the defendants were sued in their individual or official capacities. Application of the doctrine in this way leads to a result that deviates with precedent, conflicts with tort law principles, and… READ MORE

88 N.C. L. Rev. 694 (2010)