Volume 93: Issue 2

Does the Public Care How the Supreme Court Reasons? Empirical Evidence from a National Experiment and Normative Concerns in the Case of Same-Sex Marriage

By Courtney Megan Cahill & Geoffrey Christopher Rapp

Click here for PDF* Courtney Megan Cahill** & Geoffrey Christopher Rapp*** Can the Supreme Court influence the public’s reception of decisions vindicating rights in high-salience contexts, like same-sex marriage, by reasoning in one way over another? Will the people’s disagreement with those decisions—and, by extension, societal backlash against them—be dampened if the Court deploys universalizing liberty rationales rather than essentializing equality rationales? Finally, even if Supreme Court reasoning does resonate… READ MORE

93 N.C. L. Rev. 303 (2015)

FTC v. Actavis: The Patent-Antitrust Intersection Revisited

By Glynn S. Lunney, Jr.

Click here for PDF*** In FTC v. Actavis, the Supreme Court determined that courts should apply a rule of reason analysis to determine whether using a reverse payment settlement to resolve pharmaceutical patent litigation violates the antitrust laws. Essentially unique to pharmaceutical-patent litigation, a reverse payment settlement involves a payment from the patent-holder to generic challengers in return for the generics dropping their challenge to the patent(s) at issue and… READ MORE

93 N.C. L. Rev. 375 (2015)

Two Hats, One Head, No Heart: The Anatomy of the ERISA Settlor/Fiduciary Distinction

By Dana Muir & Norman Stein

Click here for PDF* Dana Muir** & Norman Stein***                        *   © 2014 Dana Muir & Norman Stein.                   **   Arthur F. Thurnau Professor of Business Law, Stephen M. Ross School of Business at the University of Michigan. [email protected] (734) 763-3091. I appreciate the research support provided by Michigan Ross and thank Loretta Tracy for research assistance. Both authors thank the following for helpful comments: Chris Christie, Mark DeBofsky,… READ MORE

93 N.C. L. Rev. 459 (2015)

A Picture Is Worth A Thousand Words: The Legal Implications of Revenge Porn

By Samantha H. Scheller

Click here for PDF* Introduction When Holly Jacobs first met her high school sweetheart, everything seemed perfect. She dated Ryan Seay throughout high school, and then on and off for a few years following graduation. [1] Yet when Jacobs broke up with Seay in 2009, her life changed forever. After the breakup, Jacobs claims Seay lashed out at her by posting sexually explicit pictures and videos of her online—alongside her… READ MORE

93 N.C. L. Rev. 551 (2015)

Placing the Seal on a Fractured Debate: How North Carolina Clarified Its Law of Hydraulic Fracturing and Can Strike the Right Balance with Preemption of Local Regulation

By Bryan M. Weynand

Click here for PDF* Introduction The often conflicting relationship between state and local regulation of the environment presents a difficult question for North Carolina as the state explores one of the energy industry’s most controversial practices: hydraulic fracturing.[1] This question is whether and to what extent local governments should have the authority to regulate hydraulic fracturing when the state has enacted a regulatory scheme promoting its use. It is a… READ MORE

93 N.C. L. Rev. 596 (2015)

System Shock: Fontenot Shows Why North Carolina’s Contributory Negligence Rule Must Go

By Hailey M. Bunce

Click here for PDF* Only five United States jurisdictions remain shackled to the ancient, draconian rule of contributory negligence.[1] North Carolina is one of them.[2] Since 1869,[3] contributory negligence has barred North Carolina plaintiffs from recovering in negligence suits when the plaintiff’s own negligence contributed to his injuries.[4] Under this all-or-nothing rule,[5] even defendants who are ninety-nine percent at fault can completely escape liability for their wrongdoing, while plaintiffs who… READ MORE

93 N.C. L. Rev. 623 (2015)