Volume 91: Issue 6

Julius Levonne Chambers, Class of 1962: In Memoriam

By John Charles Boger

91 N.C. L. Rev. 1881 (2013)

“Going Once, Going Twice . . .”: The Dubious Legality and Necessity of North Carolina’s Auctioneer License Statute

By Enrique Armijo

Calling an auction in North Carolina without a state-granted license is illegal. More than half the states in the United States have also criminalized unlicensed auctioneering. North Carolina claims to restrict who can call auctions to protect the public from frauds. It has even gone so far as to claim the restriction applies to online auctioneers. The history of auctioneering, however, as manifested in a range of self-regulatory protections developed… READ MORE

91 N.C. L. Rev. 1887 (2013)

Safeguarding the Propriety of the Judiciary

By Jon P. McClanahan

The ABA Model Code of Judicial Conduct and the judicial codes of conduct in nearly every jurisdiction admonish judges to avoid the appearance of impropriety. The North Carolina Code of Judicial Conduct likewise contained a similar prohibition until 2003, when the Supreme Court of North Carolina removed the language and made related amendments to the Code. Although North Carolina is an outlier in this regard, two questions remain: first, whether… READ MORE

91 N.C. L. Rev. 1951 (2013)

Economic Development Incentives and North Carolina Local Governments: A Framework for Analysis

By C. Tyler Mulligan

In the global competition to recruit jobs and capital investment, North Carolina local governments routinely offer economic development incentives to private companies in exchange for promises to construct job-creating facilities locally. The North Carolina Supreme Court sanctioned such business recruitment incentives in this competitive context in the landmark 1996 case, Maready v. City of Winston-Salem. Today, however, local governments field a broad array of incentive requests, ranging from the traditional… READ MORE

91 N.C. L. Rev. 2021 (2013)

Giving Away the Playbook: How North Carolina’s Public Records Law Can Be Used to Harass, Intimidate, and Spy

By Ryan C. Fairchild

State public records laws (PRLs) provide a powerful tool for promoting government transparency and accountability. However, because PRLs have such broad reach, those seeking to harass, intimidate, and spy can employ PRLs as a weapon. To mitigate deleterious uses of PRLs, legislatures include specific exemptions to protect more sensitive types of information from public view. Typical examples include records containing personally identifying information, law enforcement records for ongoing investigations, and… READ MORE

91 N.C. L. Rev. 2117 (2013)

Negotiating Miller Madness: Why North Carolina Gets Juvenile Resentencing Right While Other States Drop the Ball

By Molly F. Martinson

In June of 2012, the Supreme Court of the United States held in Miller v. Alabama that any mandatorily imposed sentence of life imprisonment without the possibility of parole for juvenile offenders is unconstitutional as a violation of the Eighth Amendment. The Court ruled that before juveniles may be sentenced to life without parole, the sentencing authority in each case must have the ability to consider mitigating factors of the… READ MORE

91 N.C. L. Rev. 2179 (2013)

Plain Error but No Plain Future: North Carolina’s Plain Error Review After State v. Lawrence

By Troy D. Shelton

When litigants fail to make timely objections to errors at trial, only some of those errors can be raised before an appellate court. Those that can be raised are subject to a deferential “plain error” standard of review. Recently, the Supreme Court of North Carolina announced a new standard for plain error review in State v. Lawrence. The new standard purports to require that the unraised error had “probable impact”… READ MORE

91 N.C. L. Rev. 2218 (2013)

United States v. Lawson: Problems with Presumption in the Fourth Circuit

By Anna H. Tison

Changing technology impacts the way people interact with the law, including both judges and jurors. And with the advent of websites such as Wikipedia, juror misconduct—particularly in the form of researching aspects of the case online—is on the rise. Despite the Fourth Circuit’s admission that it had relied on Wikipedia in judicial opinions in the past, the court held in United States v. Lawson that a juror’s use of Wikipedia… READ MORE

91 N.C. L. Rev. 2244 (2013)