Volume 92: Issue 4

Harry Edward Groves, Late Emeritus Henry Brandis Professor of Law: In Memoriam

By Dean John Charles Boger

92 N.C. L. Rev. 1041 (2014)

Patent Dialogue

By J. Jonas Anderson

This Article examines the unique dialogic relationship that exists between the Supreme Court and Congress concerning patent law. In most areas of the law, Congress and the Supreme Court engage directly with each other to craft legal rules. When it comes to patent law, however, Congress and the Court often interact via an intermediary institution: the U.S. Court of Appeals for the Federal Circuit. In patent law, dialogue often begins… READ MORE

92 N.C. L. Rev. 1049 (2014)

Rethinking Judgments Reciprocity

By John F. Coyle

Scholars have long debated the criteria that U.S. courts should use when deciding whether to recognize and enforce money judgments rendered by foreign courts. One of the proposed criteria—reciprocity—would require proof that the rendering court would enforce a U.S. judgment if the situation were reversed. Advocates of reciprocity claim that it is necessary to create incentives for foreign states to recognize and enforce U.S. judgments. Critics argue that a policy… READ MORE

92 N.C. L. Rev. 1109 (2014)

Defining Unreasonably Exclusionary Conduct: The “Exclusion of a Competitive Rival” Approach

By Thomas A. Lambert

Unreasonably exclusionary conduct, the element common to monopolization and attempted monopolization offenses under Section 2 of the Sherman Act, remains essentially undefined. Federal courts, including the U.S. Supreme Court, have purported to define the term, but the definitions they have offered are so indeterminate as to be, in the words of one prominent commentator, “not just vague but vacuous.” Seeking to fill the void left by the courts, antitrust scholars… READ MORE

92 N.C. L. Rev. 1175 (2014)

Twilight for the Strict Construction of Waivers of Federal Soverign Immunity

By Gregory C. Sisk

The Government of the United States has long benefited from two canons of statutory construction that tip the scales of justice heavily in its direction in civil litigation by those seeking redress of harm by that government: First, the federal government’s consent to suit must be expressed through unequivocal statutory text. Second, even when a statute explicitly waives federal sovereign immunity for a subject matter, the traditional rule has been… READ MORE

92 N.C. L. Rev. 1245 (2014)

Flip This Company, but Don’t Leave its Pensioners Out in the Cold: Sun Capital as a Call to Action to Change Taxation of Private Equity Funds

By Valerie M. Hughes

92 N.C. L. Rev. 1322 (2014)

Can We Keep this Dirty Money?: Ponzi Scheme Transfers and the Fourth Circuit’s Vague, but Workable Standard in In re Derivium Capital, LLC

By Kristen J. Kenley

92 N.C. L. Rev. 1370 (2014)

Where Gutenberg Meets Guns: The Liberator, 3D-Printed Weapons, and the First Amendment

By Barton T. Lee

92 N.C. L. Rev. 1393 (2014)

The Shifting Sands of Deterrence Theory and the Sixth Circuit’s Trouble with Suppression in United States v. Fofana

By K. Dawn Milam

92 N.C. L. Rev. 1426 (2014)