Issue 3

Deconstructing Arbitrary and Capricious Review

By Louis J. Virelli III

Arbitrary and capricious—or “hard look”—review is a legitimizing force in a political and legal environment that is increasingly hostile to administrative government. It employs principles of judicial deference to balance the authority of courts and agencies in pursuit of rational, transparent policymaking. It is thus no surprise that arbitrary and capricious review is a recurring topic of debate for both courts and commentators. Despite this active focus on hard look… READ MORE

92 N.C. L. Rev. 721 (2014)

The Four Freedoms and the Future of Religious Liberty

By John D. Inazu

92 N.C. L. Rev. 787 (2014)

The Political Economy Of Board Independence

By Urska Velikonja

Institutional investors, exchanges, and government regulators have pushed for increased board independence. The push has continued despite, at best, inconclusive evidence that independent boards improve corporate performance or reduce corporate malfeasance. This Article suggests that institutional investors value director independence because it displaces more meaningful reform. Regulatory reform is inevitable after corporate scandals and crises. But, the content of that regulation is not inevitable. Institutional investors and managers have successfully… READ MORE

92 N.C. L. Rev. 855 (2014)

Associations and the Constitution: Four Questions about Four Freedoms

By Nelson Tebbe

When should a constitutional democracy allow private associations to discriminate? That question has become prominent once again, not only in the United States but abroad as well. John Inazu provides a provocative answer in his impressive Article, Four Freedoms and the Future of Religious Liberty. According to his proposal, “strong pluralism,” associations should have a constitutional right to limit membership on any ground, including race. Strong pluralism articulates only three… READ MORE

92 N.C. L. Rev. 917 (2014)

Reemphasizing Impracticability in the Special Needs Analysis in Response to Suspicionless Drug Testing of Welfare Recipients

By James R. Jolley

92 N.C. L. Rev. 948 (2014)

Holding Out for a Change: Why North Carolina Should Permit Holder Claims

By Lauren A. Demanovich

92 N.C. L. Rev. 988 (2014)

Goldilocks and the Fourth Amendment: Why the Supreme Court of North Carolina Missed an Opportunity to Get Officer Mistakes of Law “Just Right” in State v. Heien

By John B. Lyman

92 N.C. L. Rev. 1012 (2014)