Volume 92: Issue 6

A Bump in the Road of Consumer Protection: How Bumpers v. Community Bank of Northern Virginia Stripped Section 75-1.1 of Its Ability to Protect Borrowers

By Rebecca A. Fiss

Click here for PDF* North Carolina consumers gained the ability to sue for “unfair or deceptive acts or practices” in 1969, when the state adopted a model version of the Unfair Trade Practices and Consumer Protection Law promoted by the Federal Trade Commission.[1]  Eight years later, the Supreme Court of North Carolina held that the original version of the statute covered only “bargain, sale, barter, exchange[,] or traffic” in goods… READ MORE

92 N.C. L. Rev. 2145 (2014)

Reeling in the Supreme Court of North Carolina: Judicial Intervention in the Internal Dispute Resolution of Voluntary Associations under Topp v. Big Rock Found., Inc.

By Lucille C. Andrzejewski

Click here for PDF Introduction Voluntary associations play an integral role in the United States and North Carolina. In their various forms, they leverage social capital,[1]  build the foundation of democracy,[2]  and even mobilize the public for political action.[3]  They are an important part of the way individuals interact with society,[4]  and they also contribute significantly to the economy.[5]  The definition is broad and includes any “gathering of people for… READ MORE

92 N.C. L. Rev. 2119 (2014)

Saving Face: Adopting a Right of Publicity to Protect North Carolinians in an Increasingly Digital World

By William K. Smith

Click here for PDF*     Who steals my purse steals trash; ‘tis something, nothing; ‘Twas mine, ‘tis his, and has been slave to thousands; But he that filches from me my good name Robs me of that which not enriches him, And makes me poor indeed. —William Shakespeare, Othello act 3, sc. 3 Introduction The right of publicity is the right to control the use of one’s identity.[1]  It… READ MORE

92 N.C. L. Rev. 2065 (2014)

Holes in the Defense: Evaluating the North Carolina Attorney General’s Duty to Defend and the Responses of Other Government Actors

By John E. Harris

Click here for PDF*     Introduction On September 30, 2013, North Carolina Attorney General Roy Cooper had a problem. The federal government had just filed suit against the state of North Carolina, alleging that the state’s recently passed “Voter I.D.” law was unconstitutional.[1]  The Republican-led legislature had passed the bill just two months earlier,[2] and as it sat pending on Republican Governor Pat McCrory’s desk, Cooper, an independently elected… READ MORE

92 N.C. L. Rev. 2027 (2014)

Overcriminalization in North Carolina

By Jeff Welty

Click here for PDF*** Overcriminalization has received considerable attention—academic and otherwise—in recent years. But most of this attention has focused on the federal criminal code, even though the vast majority of criminal prosecutions in the United States happen in state courts. This Article is the first to provide a detailed assessment of the scope and growth of the criminal law in a single state. It uses several different approaches to… READ MORE

92 N.C. L. Rev. 1935 (2014)

Refining Per Se Unfair Trade Practices

By Matthew W. Sawchak

Click here for PDF***   North Carolina’s “unfair or deceptive acts or practices” statute, section 75-1.1 of the North Carolina General Statutes, is a central feature of North Carolina litigation. The statute allows lucrative remedies, but it defines prohibited conduct with only vague standards. Courts have difficulty applying these standards in any detail, so they often use analytical shortcuts in decisions under the statute. One key shortcut under section 75-1.1… READ MORE

92 N.C. L. Rev. 1881 (2014)

The “Old” Black Corporate Bar: Durham’s Wall Street, 1898-1971

By Amos N. Jones

troducing a fascinating law-practice reality that developed in a unique setting in the early 1900s American South. What if Wall Street had been black? What if its elite feeder institutions had been black? What if the black bar were, in a corporate economy of scale, relatively sizable? These questions might make for fascinating counterfactuals, if not for the concrete reality that such a community—albeit small—actually existed, expanded, and prospered in… READ MORE

92 N.C. L. Rev. 1831 (2014)

A Dialogue with Judge Phillips

By Transcript from reception honoring Judge Phillips

92 N.C. L. Rev. 1813 (2014)

Modernizing the “New South”: The Legacy of Judge Phillips’s Late Career, Late Century Rulings in Shaw and VMI

By Hampton Dellinger

92 N.C. L. Rev. 1795 (2014)

Judge Dickson Phillips, Jr.: Preparation for Judicial Excellence

By John Charles Boger

92 N.C. L. Rev. 1789 (2014)