Volume 89: Issue 6

The Republics of Liberty and Letters: Progress, Union, and Constitutionalism in Graduation Addresses at the Antebellum University of North Carolina

By Alfred L. Brophy

In the thirty years leading into Civil War, orators delivered hundreds of addresses to college literary societies throughout the United States. Those addresses, which were frequently given by lawyers, legally-trained politicians, and judges, condensed the orators’ ideas about law, history, economy, technology, and education together into a short compass. They provide an important and overlooked set of data for understanding how antebellum intellectuals saw law in relation to moral, technological,… READ MORE

89 N.C. L. Rev. 1879 (2011)

Public Funding of Judicial Campaigns: The North Carolina Experience and the Activism of the Supreme Court

By Paul D. Carrington

In recent years, the problem of selecting judges to sit on the highest state courts has become a national crisis. North Carolina remains among the states whose constitutions require competitive elections of all its judges. Presently, all candidates for its judicial offices must first compete for election in a non-partisan primary, a system motivated by the desire to maximize the power of the state’s citizen-voters to choose their judges and… READ MORE

89 N.C. L. Rev. 1965 (2011)

Constitutional Threats in the E-Commerce Jungle: First Amendment and Dormant Commerce Clause Limits on Amazon Laws and Use Tax Reporting Statutes

By Scott W. Gaylord and Andrew Haile

Internet sales continue to increase as consumers take advantage of the convenience and price competition that e-commerce provides.  Yet, as North Carolina and other states have learned, frequently the “lower” prices available online result from the fact that many internet retailers, such as Amazon.com, do not collect sales tax on such purchases.  In fact, under United States Supreme Court precedent, North Carolina and other states cannot require internet retailers such… READ MORE

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

“It’s Navigable in Fact, So I Can Fish It”: The Public Right to Use Man-Made, Navigable-In-Fact Waters of Coastal North Carolina

By Joseph J. Kalo

An increasingly common amenity of large residential coastal developments in North Carolina is a man-made boat basin or marina connected by a canal to the natural navigable-in-fact waters of coastal rivers, tidal creeks, or estuarine waters. An important question is whether waters of these man-made boat basins, marinas, and canals are privately owned and privately controlled or whether the waters retain their public character and are open to public trust… READ MORE

89 N.C. L. Rev. 2095 (2011)

Race and Death Sentencing in North Carolina, 1980-2007

By Michael L. Radelet & Glenn L. Pierce

For the past several years the North Carolina General Assembly has been interested in the question of whether there are racial disparities in the administration of the death penalty in that State. As researchers who have studied this issue in several states over the past three decades, we designed a study to determine if patterns of death sentencing in North Carolina correlated with the race of the victim and/or the race of the… READ MORE

89 N.C. L. Rev. 2119 (2011)

Filling the Fourth Circuit Vacancies

By Carl Tobias

Federal judicial selection has become increasingly controversial. Allegations and recriminations, partisan division, and incessant paybacks have accompanied the appeals court appointments process for decades. These phenomena were pervasive in the administration of President George W. Bush as well as in nominations and confirmations to the United States Court of Appeals for the Fourth Circuit, particularly respecting judgeships assigned to North Carolina. The protracted vacancies have eroded the Fourth Circuit’s delivery… READ MORE

89 N.C. L. Rev. 2161 (2011)

Sometimes Jumping on the Bandwagon is a Good Thing: An Analysis of North Carolina’s Prohibition of Transfer Fee Covenants

By Christopher D. McEachran

For the past ten years, homeowners across the country have been discovering that when it comes to contracts to purchase real property, it pays to read the fine print. In the early 2000s, a Texas company began attaching private transfer fee covenants (“TFCs”) to properties in residential communities. A TFC purportedly allows the developer to collect one percent of the sales price from future sellers every time the property is… READ MORE

89 N.C. L. Rev. 2201 (2011)

Fired By Liars: Due Process Implications in the Recent Changes to North Carolina’s Public Disclosure Laws

By Morgan Eugene Stewart

In July of 2010, the North Carolina General Assembly passed the Government Ethics and Campaign Reform Act of 2010.  Among its various changes to existing ethics and open records laws, the Act for the first time opened records of disciplinary action against public employees to public scrutiny.  While the General Assembly’s effort to increase transparency among public employees is commendable, some unintended consequences are likely to result from the relaxation… READ MORE

89 N.C. L. Rev. 2228 (2011)