Volume 91: Issue 1

GPS Tracking Out of Fourth Amendment Dead Ends: United States v. Jones and the Katz Conundrum

By Fabio Arcila, Jr.

United States v. Jones, which reviewed the Fourth Amendment constitutionality of warrantless GPS tracking, may be the most important Fourth Amendment opinion since the Supreme Court decided Katz v. United States over four decades ago. Though Katz has dominated Fourth Amendment jurisprudence, it introduced significant ambiguities, such as the conundrum concerning whether a privacy or property model is controlling. Jones was a highly anticipated decision because it was widely understood… READ MORE

91 N.C. L. Rev. 1 (2012)

Reluctance to Resentence: Courts, Congress, and Collateral Review

By Sarah French Russell

In a series of recent decisions, the Supreme Court overturned a number of circuit court opinions and adopted a more narrow reading of certain federal recidivist sentencing enhancements.  Although the decisions revealed that many federal prisoners were sentenced incorrectly and are serving sentences that are much longer than they should be, few of these prisoners have obtained relief in the lower courts on collateral review.  Courts have generally dismissed the… READ MORE

91 N.C. L. Rev. 79 (2012)

North Carolina Annexation Wars: Whys, Wherefores, and What Next

By Judith Welch Wegner

North Carolina has long been viewed by those around the country as having very beneficial state municipal annexation laws.  Many other states have envied North Carolina’s provisions for “satellite” annexation (a means for bringing areas at a distance from existing municipal boundaries within municipal jurisdiction based on voluntary petitions)  and “involuntary annexation” (a means for municipalities to initiate steps to bring contiguous areas within municipal  boundaries based on their “urban… READ MORE

91 N.C. L. Rev. 165 (2012)

Do As I Say, Not As I Do: The Myth of Neutrality in Nondiscrimination Policies at Public Universities

By Andrew D. Brown

On September 1, 2011, the headline adorning the front page of The Daily Tar Heel, the student newspaper of theUniversity of North Carolina at Chapel Hill, all but guaranteed controversy: “UNC Christian A Capella Group Ousts Gay Member.” Sure enough, the events following Psalm 100’s unanimous decision to vote out a member due to his beliefs regarding homosexuality prompted numerous letters to the editor, a discussion panel hosted by the… READ MORE

91 N.C. L. Rev. 280 (2012)

Circumventing State Consumer Protection Laws: Tribal Immunity and Internet Payday Lending

By Heather L. Petrovich

As tribal payday lending becomes more prevalent, there is a dire need for federal action to halt the trend’s momentum. In 2010, tribal payday lenders made up “[m]ore than 35 of the 300” Internet payday lenders and made “about $420 million in payday loans.” The need for regulation of this conduct is imminent—“[s]ome observers predict that the number of tribes with payday-loan operations eventually could climb close to the 400 that… READ MORE

91 N.C. L. Rev. 326 (2012)

Mandatory E-Verification in North Carolina: The Adverse Consequences of the System in the Absence of Comprehensive Reform

By Leann Gerlach

The opportunity for employment has attracted an unprecedented number of immigrants—both legal and illegal—to the United States for more than a decade. The American economy is increasingly dependent upon minimum wage, low-skill labor, often provided by undocumented workers who are ineligible for authorized employment. As of March 2010, more than 11.2 million illegal immigrants were living in the United States and an estimated eight million of them belonged to the nation’s workforce. The… READ MORE

91 N.C. L. Rev. 361 (2012)