Volume 89: Issue 4 · May 2011

Innocence Unmodified

By Emily Hughes

The Innocence Movement has participated in deconstructing the concept of “innocence” into “actual” and “legal” innocence. Because the Innocence Movement has focused on defendants who did not commit the actions underlying their convictions, courts, lawyers, and the larger society have come to believe that a person is wrongly convicted of a crime only if the person is actually innocent. This perception overlooks the fact that a person can be wrongly… READ MORE

89 N.C. L. Rev. 1083 (2011)

Private Plea Bargains

By Ric Simmons

This article analyzes the phenomenon of private criminal settlements; that is, settlements in which the victim or witness agrees not to report the perpetrator to the police in exchange for some consideration on the part of the perpetrator. The article first examines why these settlements occur and then determines whether they should be permitted. There are two different paradigms that can be used in analyzing private criminal settlements. The first… READ MORE

89 N.C. L. Rev. 1125 (2011)

The Public Choice Problem in Corporate Law: Corporate Social Responsibility After Citizens United

By David G. Yosifon

The Supreme Court recently held in Citizens United v. Federal Elections Commission (2010) that the First Amendment forbids Congress from restricting the political speech of corporations. While corporate theory did little to inform the Court’s thinking in Citizens United, this Article argues that the holding in Citizens United requires us to rethink corporate theory. The shareholder primacy norm in American corporate governance relies on the assumption that corporations can be… READ MORE

89 N.C. L. Rev. 1197 (2011)

Here Is the Church, Where Is the Steeple: Foundation of Human Understanding v. United States

By Matson Coxe

Advancements in technology and communication have brought remarkable changes to the way the world interacts: the socially frustrated—exhausted by traditional dating—seek relationships online;  video chats replace phone calls;  and videoconferencing allows businesses to conduct meetings virtually in-person from countries apart.  In almost every realm of Americans’ personal and business lives, technology has expanded their reach and interaction beyond the boundaries of physical limitations. This Recent Development recognizes the extension of… READ MORE

89 N.C. L. Rev. 1248 (2011)

Dynamic Federalism and Consumer Financial Protection: How the Dodd-Frank Act Changes the Preemption Debate

By Jared Elosta

In the fall of 2008, at the peak of the financial crisis, Oren Bar-Gill and Elizabeth Warren published a law review article proposing the creation of a new federal agency charged with protecting consumers from dangerous lending practices.  Fewer than two years later, in response to the most serious challenge to the United States financial system since the Great Depression,  Congress enacted the Dodd-Frank Wall Street Reform and Consumer Protection… READ MORE

89 N.C. L. Rev. 1273 (2011)

North Carolina’s Arrested Development: Fourth Amendment Problems in the DNA Database Act of 2010

By Lauren Hobson

Most Americans can probably hum a few bars of the theme song to one of television’s most successful franchises: Law & Order. Watching the ever-cynical Detective Briscoe investigate crimes alongside the good-looking Detective Logan made viewers root for police to catch New York City’s criminals. Sometimes, the “bad guys” won when the judge excluded the smoking gun from trial, introducing Americans to some of the costs to the criminal justice system… READ MORE

89 N.C. L. Rev. 1309 (2011)

Regulation Without Agency: A Practical Response to Private Policing in United States v. Day

By Cooper J. Strickland

The popular image of the “mall cop” has created a comical caricature of private police, or security officers, for many individuals. Actor Kevin James exemplifies this image through his portrayal of a mall security guard in the movie Paul Blart: Mall Cop in which his own self-doubt marginalizes his profession when he responds to his own question of “[w]hat are you trained to do?” with a deflated “[n]othing.” The reality is… READ MORE

89 N.C. L. Rev. 1338 (2011)