Volume 90: Issue 2

Labor Law, New Governance, and the Ghent System

By Matthew Dimick

The Employee Free Choice Act (“EFCA”) was the most significant legislation proposed for reforming the National Labor Relations Act (“NLRA”) in over a generation and the centerpiece of the American labor movement’s revitalization strategy. Yet, the EFCA hewed closely to the particular regulatory model established by the NLRA at the peak of the New Deal, now over seventy-five years ago. Further, recent scholarship suggests that traditional regulatory approaches are giving… READ MORE

90 N.C. L. Rev. 319 (2012)

Interring the Pioneer Invention Doctrine

By Brian J. Love

This Article provides the first comprehensive analysis of patent law’s “pioneer invention doctrine” in almost two decades. Since the early 1990s, patent scholars have unanimously reported that case law favoring so-called “pioneer” patents―i.e., those disclosing the most revolutionary inventions―is dead letter. Accordingly, most scholars have ignored the pioneer doctrine entirely. Those few who have studied it have consistently argued that the doctrine ought to be raised from the dead and… READ MORE

90 N.C. L. Rev. 379 (2012)

The Emergence of International Property Law

By John G. Sprankling

This Article explores a new field: international property law. International law increasingly creates, regulates, or otherwise affects the property rights of individuals, business entities, and other non-state actors. Globalization, democratic reforms, technology, and human rights principles have all contributed to this development. The Article begins by examining the unsuccessful effort to create a broad, internationally-enforceable human right to property during the second half of the twentieth century. Despite this failure,… READ MORE

90 N.C. L. Rev. 461 (2012)

“Let Us Now Try Liberty”: Freeing the Private Sector to Tackle North Carolina’s Tobacco Addiction by Reinstating Employment Freedom of Contract

By James Ruffin Lawrence, III

The Scotts Miracle-Gro Company (“Scotts”), a lawn and garden care products company, had a multi-million dollar problem. It is a familiar problem facing businesses across North Carolina and America: how to contain the costs of providing health insurance to employees. Over a four-year period, Scotts’s executive team looked on helplessly as the company’s annual health care bill ballooned by forty-two percent to a total of $20 million in 2003. Facing… READ MORE

90 N.C. L. Rev. 510 (2012)

After United States v. White, Will the Fourth Circuit Ever Permit Forcible Medication to Restore Competency for Defendants Charged with Nonviolent Crimes?

By James A. Coulter

Imagine you are imprisoned awaiting trial in North Carolina on several counts of identity theft, conspiracy, and credit card fraud. You are taken to several hearings before a judge, but none of it makes any sense. You have no idea how long you have been in prison or how long you will have to stay. The prison officials suddenly come into your cell and inform you that you are being… READ MORE

90 N.C. L. Rev. 551 (2012)