Volume 93

The King Can Truly Do No Wrong: Governmental Immunity and Rights Relative to the Crown in North Carolina After Bynum

By Stefan Schropp

93 N.C. L. Rev. 1972 (2015)

An Industry on the Precipice of Change: Maintaining Solar Energy’s Competitive Advantage in North Carolina After the Expiration of the Investment Tax Credits

By Kirin D. Walsh

93 N.C. L. Rev. 1935 (2015)

“If It Ain’t Broke, Don’t Fix It”: Evaluating North Carolina’s Creation of a Three-Judge Court to Hear Constitutional Challenges to State Law

By Joshua A. Yost

93 N.C. L. Rev. 1893 (2015)

Do Nonpartisan, Publicly Financed Judicial Elections Enhance Relative Judicial Independence?

By JUDGE ROBERT N. HUNTER, JR.

93 N.C. L. Rev. 1825 (2015)

North Carolina Charter Schools’ (Non-?) Compliance with State and Federal Nonprofit Law

By THOMAS A. KELLEY III

93 N.C. L. Rev. 1757 (2015)

“Without Precedential Value”–When the Justices of the Supreme Court of North Carolina are Equally Divided

By JOHN V. ORTH

93 N.C. L. Rev. 1719 (2015)

North Carolina’s Reincarnated Joint Tenancy: Oh Intent, Where Art Thou?

By DANIEL R. TILLY & PATRICK K. HETRICK

93 N.C. L. Rev. 1649 (2015)

In Appreciation: Dean Jack Boger

By Robert P. Mosteller

93 N.C. L. Rev. 1641 (2015)

Vulnerable, Not Voiceless: Outsider Narrative In Advocacy Against Discriminatory Policing

By NICOLE SMITH FUTRELL

Click here for PDF** Introduction [They] told us to stand up[,] take off our shoes, socks, hoodies, and told everybody to take their top shirt off and leave only their undershirt or one shirt on. They told us to unbutton our pants and roll the waistband down. Three of us were in pajamas. They made us stand and wait with backs turned until a female officer came. She turned us… READ MORE

93 N.C. L. Rev. 1597 (2015)

Boys, Rape, And Masculinity: Reclaiming Boys’ Narratives Of Sexual Violence In Custody

By BRENDA V. SMITH

Click here for PDF** Introduction Male-on-male rape in custodial settings is a significant problem, especially for boys in adult prisons and jails,[1] as illustrated by data collected by the U.S. Department of Justice (“DOJ”) that reveals a consistent pattern of male vulnerability to sexual abuse in custodial settings.[2] In fact, male vulnerability to sexual abuse in custody animated the passage of the Prison Rape Elimination Act (“PREA”) in 2003.[3] However,… READ MORE

93 N.C. L. Rev. 1559 (2015)

The Making Of The “Wrongfully” Documented Worker

By LETICIA M. SAUCEDO

Click here for PDF** Introduction The world of work has changed dramatically for immigrants since the enactment of the Immigration and Nationality Act (“INA”) in 1952[1] and its 1965 amendment.[2] Since the late 1940s, Congress contemplated worksite immigration enforcement as a way to deal with undocumented immigration.[3] In 1986, Congress enacted the Immigration Reform and Control Act (“IRCA”),[4] which amended the INA and, for the first time, implemented a worksite… READ MORE

93 N.C. L. Rev. 1505 (2015)

Zeal On Behalf Of Vulnerable Clients

By KATHRYN A. SABBETH

Click here for PDF**   Introduction What is the societal role of lawyers for vulnerable clients? Important literature on lawyering for poor clients explores how lawyers might better support the agency, insights, and values of such clients.[1] Pivoting outward from the internal dynamics between clients and lawyers, another vital inquiry is what lawyers can and should do to promote the interests of their clients in relation to outside forces.[2] Monroe… READ MORE

93 N.C. L. Rev. 1475 (2015)

Heller’s Scapegoats

By KATIE ROSE GUEST PRYAL

Click here for PDF** In the United States, a psychiatric diagnosis, or involuntary civil commitment to a psychiatric ward—which is considered treatment in the medical context—almost always leads to quasi-criminalization in the legal context. After such diagnosis or treatment, you are rendered, automatically and permanently, a member of one of our nation’s most vulnerable populations and stripped of rights based on your status. In no area is the U.S. populace… READ MORE

93 N.C. L. Rev. 1439 (2015)

Is It Crazy To Think That Attorneys With Mental Health Disabilities Are Uniquely Situated To Help Prisoners?

By LISA T. MCELROY

Click here for PDF** The psychotherapist . . . must understand not only the patient; it is equally important that he should understand himself . . . . The patient’s treatment begins with the doctor, so to speak. Only if the doctor knows how to cope with himself and his own problems will he be able to teach the patient to do the same. Only then. — C.G. Jung[1] Introduction In the summer of 2013, I was a newly… READ MORE

93 N.C. L. Rev. 1419 (2015)

Cost-Effective Juvenile Justice Reform: Lessons From The Just Beginning “Baby Elmo” Teen Parenting Program

By SHANI KING, RACHEL BARR, AND JENNIFER WOOLARD

Click here for PDF** This Article reviews the literature describing the rise of mass incarceration and its effects on individuals, families, and communities. The Article then describes the Just Beginning “Baby Elmo” Program, a cost-effective, sustainable parental instruction and child visitation intervention created for use with incarcerated teen parents. This intervention is designed to increase the quality of interaction between parent and child, increasing the likelihood that the teen father… READ MORE

93 N.C. L. Rev. 1381 (2015)

Always Already Suspect: Revising Vulnerability Theory

By FRANK RUDY COOPER

Click here for PDF** Martha Fineman proposes a post-identity “vulnerability” approach that focuses on burdens we all share; this article argues that theory needs to incorporate recognition of how invisible privileges exacerbate some people’s burdens. Vulnerability theory is based on a recognition that we are all born defenseless, become feeble, must fear natural disasters, and might be failed by social institutions. It thus argues for a strong state that takes… READ MORE

93 N.C. L. Rev. 1339 (2015)

Bridge Over Troubled Water: Safe Harbor Laws For Sexually Exploited Minors

By CHERYL NELSON BUTLER

Click here for PDF** When you’re down and out When you’re on the street When evening falls so hard I will comfort you I’ll take your part When darkness comes And pain is all around Like a bridge over troubled water I will lay me down Like a bridge over troubled water I will lay me down[1] Introduction Domestic child sex trafficking, the sexual exploitation of native minors in the… READ MORE

93 N.C. L. Rev. 1281 (2015)

Deprivation And “Deviance”: The Disabilities And Health Experiences Of Women In North Carolina’s Prisons

By CARRIE GRIFFIN BASAS AND LISA PETERS

Click here for PDF** Introduction Just a little comment: . . . in life after prison, my downfall is always going back around old people, places, and things. This is my 6th time. I’m ashamed . . . imbarrashed by it that’s why I’m going a different route B4 I the way I normally do. (I want different) I want freedom you know. I’ll blow my brains out B4 I re-enter the prison, that’s why I’m choosing to… READ MORE

93 N.C. L. Rev. 1223 (2015)

Symposium 2016

By Tamar R. Birckhead and Katie Rose Guest Pryal

The North Carolina Law Review 2016 annual symposium The Role of Law in Promoting Entrepreneurship Please join the North Carolina Law Review at its annual Symposium on the role of law in promoting entrepreneurship. Panelist will explore the legal community’s involvement in promoting, fostering, and cultivating entrepreneurial businesses across a diverse array of practice areas. Planned topics of conversation include angel investing, crowdfunding, and the evolving transaction structure of venture… READ MORE

93 N.C. L. Rev. 1211 (2015)

Ever-Blurred Lines: Why Native Advertising Should Not Be Subject To Federal Regulation

By Anthony B. Ponikvar

Click here for PDF* Introduction Upon logging onto Facebook every day, over 800 million users[1] are inundated with posts by their friends and family on their “Newsfeed.” Users see a status update from their niece who just got a new car. They scroll to see that their co-worker “likes” the new comic book hero movie and that their old friend from high school posted pictures of her newborn. After scrolling… READ MORE

93 N.C. L. Rev. 1187 (2015)