Volume 93: Issue 4

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)

Reasonable Suspicion or a Good Hunch? Dapolito and a Return to the Objective Evidence Requirement

By Claire R. O'Brien

Click here for PDF* Introduction The Fourth Amendment protection against unreasonable search and seizure is a fundamental element of American liberty. Courts have long interpreted the amendment as a limit on police officers’ ability to detain citizens, mandating that officers could only detain citizens through arrests related to completed or ongoing offenses.[1] But this strict application of the Fourth Amendment left officers unable to act to prevent crime when faced… READ MORE

93 N.C. L. Rev. 1165 (2015)

The Home Out of Context: The Post-Riley Fourth Amendment and Law Enforcement Collection of Smart Meter Data

By Natasha H. Duarte

Click here for PDF* Introduction Smart meters[1] know when you’re sleeping. They know when you’re awake. They might even know whether you’re in the shower or watching TV.[2] Utility companies are steadily installing these smart meters on consumers’ homes.[3] Unlike traditional energy meters, which show a household’s aggregated electricity use each month, smart meters collect fine-grained, minute-by-minute data about electricity use and transmit it back to the utility at regular… READ MORE

93 N.C. L. Rev. 1140 (2015)

From Paper Terrorists to Cop Killers: The Sovereign Citizen Threat

By Charles Loeser

Click here for PDF* Introduction On March 9, 2010, a police officer in Greensboro, North Carolina, pulled over Tornello Fontaine Pierce El-Bey to issue a routine citation for his expired vehicle registration.[1] The officer detained Mr. Pierce during the traffic stop, cited him for the expired registration and for operating a vehicle without a license, and released him.[2] Mr. Pierce then sued the Greensboro Police Department in federal court, alleging… READ MORE

93 N.C. L. Rev. 1106 (2015)

The Delaware Delusion

By Robert Anderson IV & Jeffery Manns

Click here for PDF***  Delaware dominates the market for company incorporations, which places America’s second smallest state in charge of determining the corporate governance framework for most public and private companies. The unresolved question is the basis for Delaware’s appeal compared to other states. We set out to test empirically the two leading schools of thought, which hold that Delaware’s appeal lies either in its superior legal regime that enhances… READ MORE

93 N.C. L. Rev. 1049 (2015)

Escaping Federal Law in Transnational Cases: The Brave New World of Transnational Litigation

By Donald Earl Childress III

Click here for PDF*** What happens when U.S. federal courts close their doors to transnational cases? Recent Supreme Court decisions regarding personal jurisdiction, the Alien Tort Statute, extraterritorial application of U.S. federal law, plausibility pleading, class action certification, and forum non conveniens pose substantial obstacles for transnational cases to be adjudicated by U.S. federal courts. The result of this is that plaintiffs are now seeking other law—U.S. state and foreign… READ MORE

93 N.C. L. Rev. 995 (2015)

The Broken Buck Stops Here: Embracing Sponsor Support in Money Market Fund Reform

By Jill E. FISCH

Click here for PDF*** Since the 2008 financial crisis, in which the Reserve Primary Fund (“Reserve Fund”) “broke the buck,” money market funds (“MMFs”) have been the subject of ongoing policy debate. Many commentators view MMFs as a key contributor to the crisis because widespread redemption demands during the days following the Lehman bankruptcy contributed to a freeze in the credit markets. In response, MMFs were deemed a component of… READ MORE

93 N.C. L. Rev. 935 (2015)