Volume 93: Issue 1

A Holistic Look at Agency Enforcement

By David L. Markell & Robert L. Glicksman

Click here for PDF* David L. Markell** & Robert L. Glicksman*** The law review literature has long recognized that effective enforcement is an essential component of effective regulation. Yet much of the literature focuses on one aspect of the enforcement challenge or another. For example, the underlying theory about optimal levels of enforcement has received considerable attention, as have topics such as the relative merits of using deterrence-based versus cooperation-based… READ MORE

93 N.C. L. Rev. 1 (2014)

The Constructive Role of Confusion in Trademark

By Alfred C. Yen

Click here for PDF*** This Article argues that consumer confusion plays a pervasive and important role in our trademark system. This argument directly challenges well-established orthodoxy. Numerous Supreme Court opinions and leading academics take the position that trademark law exists to reduce consumer confusion as much as possible. Indeed, courts generally justify aggressive creation and enforcement of trademark rights on the ground that these rights reduce consumer confusion or its… READ MORE

93 N.C. L. Rev. 77 (2014)

The Mistake of Law Defense and an Unconstitutional Provision of the Model Penal Code

By Gabriel J. Chin, Reid Griffith Fontaine, Nicholas Klingerman & Melody Gilkey

Click here to view PDF*     Gabriel J. Chin,** Reid Griffith Fontaine,*** Nicholas Klingerman,**** & Melody Gilkey***** At common law, a defendant’s mistaken belief about the law was no defense, even if that mistake resulted from reasonable reliance on governmental advice. Thus, if a prosecutor or police officer erroneously advised that certain conduct was legal, the government was free to prosecute anyone following that advice. In the mid-1950s, two… READ MORE

93 N.C. L. Rev. 139 (2014)

Virtually Possible: How to Strengthen Bitcoin Regulation Within the Current Regulatory Framework

By Patrick Kirby

Click here to view PDF*   I believe we are at the forefront of another twenty year journey of Internet-led transformation, this time in our global financial systems, and the opportunity is to foster that economic change while simultaneously putting in place the safeguards that only government can enable. —Jeremy Allaire, Chairman and CEO of Circle Internet Financial[1] Introduction Innovation leads the way to transformation. Small steps can turn into… READ MORE

93 N.C. L. Rev. 189 (2014)

Shaping the Technology of the Future: Predictive Coding in Discovery Case Law and Regulatory Disclosure Requirements

By Christina T. Nasuti

Click here to view PDF*   [A]cquiring preemptive knowledge about emerging technologies is the best way to ensure that we have a say in the making of our future. —Catarina Mota, TEDGlobal Fellow[1]   Introduction The twentieth and twenty-first centuries brought about a technological revolution for businesses and everyday life. The legal profession was not left unchanged, as innovations from typewriters to computers to the Internet transformed legal practice. [2]… READ MORE

93 N.C. L. Rev. 222 (2014)

The Two Hundred Million Dollar Question: Were Letters of Credit as Good as Cash in the MF Global Liquidation?

By Valerie M. Hughes

Click here to view PDF*   Introduction On October 31, 2011, MF Global, Inc. (“MF Global”) went bankrupt in the eighth-largest bankruptcy in U.S. history.[1] MF Global was a major futures commission merchant (“FCM”) that traded commodity futures contracts on behalf of customers in the commodity futures market.[2] During the European debt crisis, MF Global Holding Co., the parent company of MF Global, got into trouble as a result of… READ MORE

93 N.C. L. Rev. 276 (2014)