Issue 2

Comparative Wrongful Dismissal Law: Reassessing American Exceptionalism

By Samuel Estreicher & Jeffrey M. Hirsch

Commentators have long debated the merits of the American “at- will” rule, which allows employers and employees to end the employment relationship without cause or notice, absent a constitutional, statutory, or public policy exception. One premise for both proponents and opponents of at-will employment is to stress the uniqueness of this default among other developed countries, which generally require “cause” for most dismissals. Although other countries’ cause regimes differ significantly… READ MORE

92 N.C. L. Rev. 343 (2014)

To The Victor Goes The Toil—Remedies For Regulated Parties in Separation-of-Powers Litigation

By Kent Barnett

The U.S. Constitution imposes three key limits on the design of federal agencies. It constrains how agency officers are appointed, the extent of their independence from the President, and the range of issues that they can decide. Scholars have trumpeted the importance of these safeguards with soaring rhetoric. And the Supreme Court has permitted regulated parties to vindicate these safeguards through implied private rights of action under the Constitution. Regulated… READ MORE

92 N.C. L. Rev. 481 (2014)

Properties in Constitutional Systems: Reviewing Adrian Vermeule, The System of the Constitution (Oxford Univ. Press 2011)

By Garrick B. Pursley

92 N.C. L. Rev. 547 (2014)

Additional Time to Move Is Not the Issue with (Im)Mobile Homes: Why North Carolina Needs Statutory Reform to Provide the Mobile Home Owner-Tenant with Adequate Security of Tenure and Security of Investment

By Chad T. Anderson

92 N.C. L. Rev. 591 (2014)

No Country for Voicemails: How the CFPB Can Resolve a Paradox and Protect America’s Consumers from the World’s Fourth Oldest Profession

By Tim Henderson

92 N.C. L. Rev. 627 (2014)

The “Innocence and Redressability” Exception: A Fair Alternative to Habeas Jurisprudence’s Direct Versus Collateral Consequence Dichotomy

By J. Clay Douglas

92 N.C. L. Rev. 690 (2014)