Volume 89: Issue 2 · January 2011

Under Attack: Terrorism Risk Insurance Regulation

By Alexia Brunet Marks

Scholarly debates over the September 11th attacks focus predominantly on high-profile issues, such as torture, preventative detention, interrogation, privacy, and surveillance. These debates have overshadowed the equally important and far-reaching issue of terrorism risk insurance, which not only involves billions of dollars, but provides powerful incentives to keep us safe. Developing a sound understanding of the market for terrorism risk insurance is essential to guiding the difficult determination of the… READ MORE

89 N.C. L. Rev. 387 (2011)

Moving Upstream: The Merits of a Public-Health-Law Approach to Human Trafficking

By Jonathan Todres

Human trafficking has been identified as one of the priority issues of our time. Legislative efforts over the past decade have produced a patchwork of criminal laws and some assistance programs for victims. There is no evidence, however, that any of this has resulted in a decline in the incidence of trafficking. This lack of meaningful progress prompts questions as to what the best framework is for addressing this issue.… READ MORE

89 N.C. L. Rev. 447 (2011)

Fugitive Operations and the Fourth Amendment: Representing Immigrants Arrested in Warrantless Home Raids

By Nathan Treadwell

In the past several years, Immigration and Customs Enforcement (“ICE”) has made warrantless home raids a key component of interior immigration enforcement. Such raids, which frequently bring in otherwise law-abiding undocumented immigrants, violate the Fourth Amendment when they take place without the consent of a member of the household. Press and judicial accounts of such raids show that the agency now engages in widespread unlawful entries as well as violent,… READ MORE

89 N.C. L. Rev. 507 (2011)

A Proposal for Land Bank Legislation in North Carolina

By Stuart Pratt

Land banks are an increasingly popular tool used by states and local governments to combat the rising tide of abandoned and vacant properties exacerbated by the recent economic downturn. From the establishment of the first land banks in midwestern cities in the 1970s, legislation authorizing the creation of land banks has since been passed in a variety of states including Georgia, Kentucky, and Texas. With approximately $7 billion in federal… READ MORE

89 N.C. L. Rev. 568 (2011)

Fighting Fire with Fire: Reforming the Health Care System Through a Modified Market-Based Approach to Medical Tourism

By Heather T. Williams

The United States is in the midst of a historic health care crisis. A variety of factors such as growing health administrative costs, increased proliferation of medical technology, increased demand for medical services, and growing costs borne by third-party payors have raised the cost of medical care in the United States to record levels. Such costs are increasing faster than the rate of inflation and consuming a greater percentage of… READ MORE

89 N.C. L. Rev. 607 (2011)

Simple Justice: In re J.D.B. and Custodial Interrogations

By Clay Turner

“You have the right to remain silent.” Thus begins a refrain made familiar to Americans through seemingly endless repetition on Law & Order, Cops, and many other popular depictions of police interrogations. In the real world, this ritualistic incantation of rights is much more than a dramatic moment—it is an important protection against police coercion. Indeed, it is a constitutional imperative. Miranda v. Arizona and the eponymic police warnings which… READ MORE

89 N.C. L. Rev. 685 (2011)