Content Posted in 2017
The Use of Section 301 to Open Japanese Markets to Foreign Firms, Jean Heilman Grier
The U.S. International Trade Commission: Import Advertising Arbiter or Artifice, Ross D. Petty
The Vanishing Hmong: Forced Repatriation to an Uncertain Future, L. Catherine Currie
The Weaponization of Outer Space: Preventing an Extraterrestrial Arms Race, Blair Stephenson Kuplic
The Wells Fargo Scandal and Efforts to Reform Incentive-Based Compensation in Financial Institutions, Justin H. Mims
The Work-Product Doctrine as a Means toward a Judicially Enforceable Duty of Confidentiality in International Commercial Arbitration, Christoph Henkel
The World Bank's Lending Policy and Environmental Standards, Todd Roessler
The World Trade Organization: An Analysis of Disputes, Sue Ann Mota
The WTO's First Two and a Half Years of Dispute Resolution, Terence P. Stewart and Mara M. Burr
Third-Party Innocence: Domestic Authorization of Foreign Copyright Infringement and Subafilms, Ltd. v. MGM-Pathe Communications Co., Michael W. Ballance
This Land Is My Land: Mending the Kimberley Process and Promoting Stability in Sub-Saharan Africa by Reinforcing Individual Property Rights, John Michael Durnovich
Threats Inducing Emotional Reactions, Warren A. Seavey
Times of Change - Can Turkey Make the Necessary Changes in Its Human Rights Policies to be Admitted to the European Union, Vince Burskey
Title to Corporate Property Upon Dissolution, Walter Hoyle
To Dream the Impossible Dream: Globalization and Harmonization of Environmental Laws, Alberto Bernabe-Riefkohl
To Keep Water, Water: How We Missed the Mark with Cote d'Ivoire's Warehoused Refugees, Traci L. Massey
To Live Outside the Law You Must Be Honest: Bram Fischer and the Meaning of Integrity, Stephen Ellman
Tort Claims Act -- Distinction between Nonfeasance and Misfeasance, Jesse M. Henley Jr.
Torts -- Actionable Fraud -- Promissory Representations, R. I. Lipton
Torts -- Charitable Immunity, Thomas L. Norris Jr.
Torts -- Contributory Negligence of Minors -- Question for Court or Jury, Harry Lee Riddle Jr.
Torts -- Debtor and Creditor -- Intentional Infliction of Fright -- Liability for Resulting Mental and Physical Injury, Samuel R. Leager
Torts -- Federal Tort Claims Act -- Servicemens' Suits, James L. Tapley
Torts -- Inducing Breach of Contract -- Malice, Franklin T. Dupree Jr.
Torts -- Injury to Trespassing Child -- Attractive Nuisance Doctrine, Lennox P. McLendon Jr.
Torts -- Insulating Negligence in North Carolina, James Y. Preston
Torts -- Last Clear Chance Doctrine, Clarence W. Griffin
Torts -- Liability of Parent for Torts of Child -- Dangerous Weapons, Cecil J. Hill
Torts -- Liability of Parent for Willful Injury to Child, Earl W. Vaughn
Torts -- Libel and Slander -- Extemporaneous Defamatory Remarks Over Television, Max D. Ballinger
Torts -- Lookout -- Duty to Maintain at Green Light, William H. Holdford
Torts -- Malpractice -- Liability of Physician for Acts of Substitute, Hugh P. Fortescue Jr.
Torts -- Misrepresentation -- Requisite of Scienter, Edwin B. Robbins
Torts -- Municipal Corporations -- Liability for Death or Injury to Prisoner, Charles Edwin Hinsdale
Torts -- Negligence -- Automobiles -- Owner's Liability After Leaving Ignition Key in Lock, Bailey Patrick Jr.
Torts -- Negligence -- Intervening Criminal Act, Paul K. Plunkett
Torts -- Negligence -- Last Clear Chance, Luke R. Corbett
Torts -- Negligence -- Liability of Power Company for Suspending Service, Peyton B. Abbott Jr.
Torts -- Negligence -- Proximate Cause, James A. Williams
Torts -- Negligently Induced Fright Causing Physical Injury to Hypersensitive Plaintiff, Raymond A. Jolly Jr.
Torts -- Physicians and Surgeons -- Liability for Signing a Certificate of Insanity Without Proper Examination of the Alleged Lunatic, Thomas S. Bennett
Torts -- Privacy -- Bad Debt Letters to Employer, Earmine L. Poteat Jr.
Torts -- Res Ipsa Loquitur -- Malpractice Cases, Jean M. Luck
Torts -- Res Ipsa Loquitur -- Unexplained Automobile Accidents, John D. Warlick Jr.
Torts -- Statutory and Common Law Duty to Label Poisons, William H. McCullough
Torts -- Trespass to Land -- Unintentional and Non-Negligent Entry as a Defense, Wilton Rankin
Torts -- Unborn Child -- Right of Action for Prenatal Injury, W. Braxton Schell
Torts -- Wrongful Death -- Effect of Settlement on Allegedly Negligent Beneficiary's Right to Share in Proceeds, Walton K. Joyner
Toward A Theory of Precedent in Arbitration, W. Mark C. Weidemaier
Towards an Understanding of Litigation as Expression: Lessons from Guantánamo, Kathryn A. Sabbeth
"Towards a Strategy of Peace": Protecting the Iran Nuclear Accord Despite $46 Billion in State-Sponsored Terror Judgments, Troy C. Homesley III
Towards a Truly Global Marketing Strategy: A Need to Consider Trade and Investment Opportunities in West Africa, Terence P. Stewart and Margaret E.O. Edozien
Tracking Immigrants in the United States: Proposed and Perceived Needs to Protect the Borders of the United States, Catherine Etheridge Otto
Trade Barriers in Service/Investment Markets Erected by Korea and Japan, Eun Sup Lee
Trademark and Patent Law in the People's Republic of China, P. D. Woods
Trademarks as Entrepreneurial Change Agents for Legal Reform, Deborah M. Gerhardt
Trade Regulation -- Right of Patentee to Control Patented Article after It Has Passed into the Hands of a Purchaser, Harry McMullan Jr.
Trade Regulation -- State Fair Trade Acts -- Trading Stamps, Richard R. Lee
Trade Regulation -- Stock Acquisition by Corporations -- Application of Section Seven of the Clayton Act, Roger A. Hood
Trade Regulation -- Unfair Competition -- Dilution of Trade Marks, F. Gordon Battle Jr.
Trade Related Investment Measures in the Uruguay Round: Towards a GATT for Investment, Edmund M.A. Kwaw
Trade Wars - Arming for Battle, David A. Hartquist
Traditional Unions and the New Worker in the Netherlands, Margreit Kraamwinkel
Transborder Data Flows and the Sources of Public International Law, Olga Estadella-Yuste
Transcending the Individualist Paradigm in Sexual Orientation Antidiscrimination Law, Holning S. Lau
Transfers of Corporate Control and Duties of Controlling Shareholders -- Common Law, Tender Offers, Investment Companies -- And a Proposal for Reform, Thomas Lee Hazen
Transplanting Secured Transactions Law: Trapped in the Civil Code for Emerging Economy Countries, Xuan-Thao Nguyen and Bich Thao Nguyen
Trends in State Legislation Governing International Arbitrations, George K. Walker
Trends in The Social [Ir]responsibility of American Multinational Corporations: Increased Power, Diminished Accountability, Cynthia A. Williams and John Martin Conley
Trial -- Power of Court to Dismiss an Action or Defense Upon Opening Statement of Counsel, Joel B. Adams
Trial Practice -- Damages -- Pain and Suffering -- Per Diem Argument to the Jury, William H. McNair
Trial Practice -- Jury -- Taking of Notes, Clawson L. Williams Jr.
Trial Practice -- Power of Court to Increase Damages as Condition to Denial of Motion for New Trial, Welch Jordan
Trial Practice -- Prosecutor's Comments -- Arguing Possibility of Parole or Pardon as Reason for Withholding Recommendation for Life Imprisonment, Willis C. Bumgarner
Tribute to Professor Jonathan L. Entin: Before There Was Google, There Was Jonathan Entin, William P. Marshall
Trick or Treat: Legal Reasoning in the Shadow of Corruption in the People's Republic of China, Nanping Liu
Trumping Politics: The Roberts Court and "Judicial Review", Gene Nichol
Trust Investments -- Prudent Man Rule, Alfred E. Cleveland III
Trusts -- Charitable Bequests -- Application of Cy Pres Doctrine, Katherine S. Wright
Trusts -- Constructive Trust to Protect Victims of Theft, Harry W. McGalliard
Trusts -- Distinction Between Dividend and Coupon Funds, Frank P. Spruill Jr.
Trusts -- Duration -- Rule against Perpetuities, Robert L. Hines
Trusts -- Exercise by Will of a Reserved Power of Revocation, J. C. Johnson Jr.
Trusts -- Inheritance by Murderer -- The Constructive Trust and a Statutory Solution, Charles D. Powers
Trusts -- Power to Execute Long Term Leases, Charles J. Nooe
Trusts -- Principal and Income -- Apportionment of Income from Part of Estate Used to Pay Legacies, Debts and Costs of Administration, James M. Verner
Trusts -- Statute of Uses -- Trusts for Separate Use of Married Women, Frances H. Hall
Trusts -- United States Savings Bonds -- Resulting or Constructive Trust on Proceeds in the Hands of Surviving Co-owner, Howard A. Knox Jr.
Truth and the Religion Clauses, William P. Marshall
Turning Back the Clock: A Judicial Return to Caveat Emptor for U.S. Investors in Foreign Markets, Jennifer M. Eck
Twenty-Five Years of Health Law Through the Lens of the Civil False Claims Act, Joan H. Krause
Tyson Foods and the Future of Statistical Adjudication, Robert G. Bone
Ukraine: Between Scylla and Charybdis, North Carolina Journal of International Law and Commercial Regulation
Uncertain Standing: Normative Applications of Standing Doctrine Produce Unpredictable Jurisdictional Bars to Common Law Data Breach Claims, Michael B. Jones
Unfair Competition -- Secondary Meaning of Trade Names in Cases of Dissimilar Products, John Richard Jordan Jr.
Unincorporated Associations -- Capacity to Sue and Be Sued, J. Knox Walker
United States Accounting Standards: Do the SEC Requirements Regarding U.S. GAAP Violate GATS, Lisa M. Brown
United States-Latin American Trade Laws, Catherine Curtiss and Kathryn Cameron Atkinson
United States-People's Republic of China Income Tax Treaty: Opening the Door to Increased Economic Cooperation, William A. Turner and Elizabeth M. Orazem
United States -- Suits against the Government -- Cancellation of Air Mail Contracts, Peter W. Hairston
United States v. Alvarez-Machain: Extradition and the Right to Abduct, Candace R. Somers
United States v. Amer and the International Parental Kidnapping Crime Act - The Final Answer to the Problem of International Parental Abductions, Caroline Berndt
United States v. Chestman -- Trading in Securities on the Basis of Nonpublic Information in Advance of a Tender Offer, Thomas Lee Hazen
United States v. Davis: Extraterritorial Application of U.S. Drug Laws on the High Seas, William Harding Latham
United States v. Gecas: An Individual Right to the Fifth Amendment for Those Who Fear Foriegn Prosecution, North Carolina Journal of International Law and Commercial Regulation
United States v. Rodriguez-Roman: Prosecuting the Persecuted, Andrew Bonavia
United States v. Verdugo-Uridez: The U.S. Supreme Court's Effort to Halt the Trade in Illegal Drugs, Emmanuel Kojo Bentil
Universal Jurisdiction over Operation of a Pirate Ship: The Legality of the Evolving Piracy Definition in Regional Prosecutions, Samuel Shnider
Universal Service in a Competitive Teleocommunications Environment: The Current State of Universal Service in the European Union and United States, William P. Cassidy Jr.
Unplugged - The Effect of the New World Electric Power Order on Renewable Energy Industries, A. John Armstrong
Unprecedential Analysis and Original Intent, William P. Marshall
Unregulated Armed Conflict: Non-State Armed Groups, International Humanitarian Law, and Violence in Western Sahara, Orla Marie Buckley
Up, around, over, and under: A Textual Case for Busting through the Supposed Privity Barrier of CISG Article 4, Kyle B. Sill and Robert Stone Jeffrey
Updated Consumer Relief: Chase RMBS Settlement, Joseph A. Smith Jr.
Updated Consumer Relief Snapshot, Joseph A. Smith Jr.
Updated Progress: Chase RMBS Settlement, Joseph A. Smith Jr.
Update on Compliance: A Report from the Monitor of the National Mortgage Settlement, Joseph A. Smith
Update on Ocwen's Consumer Relief and Compliance: A Report from the Monitor of the National Mortgage Settlement, Joseph A. Smith
Update on SunTrust's Consumer Relief and Compliance: A Report from the Monitor of the National Mortgage Settlement, Joseph A. Smith
U.S. Antidumping Laws: A Look at the New Legislation, Michael Y. Chung
Use of Paragraph 6 Systems for Access to Medicine, Laura Chung
U.S. Export Control of Encryption Software: Efforts to Protect National Security Threaten the U.S. Software Industry's Ability to Compete in Foreign Markets, Charles L. Evans
U.S. GAAP Confronts the IASB: Roles of the SEC and the European Commission, Stephen A. Zeff
U.S. Immigration Reform, Homeland Security, and Global Economic Competitiveness in the Aftermath of the September 11, 2001 Terrorist Attacks, James H. Johnson Jr.
Using a Shotgun to Kill a Fly: Issues with the CFPB's Payday Lending Proposal and the Need to Incentivize Banks to Enter the Marketplace, Ethan D. Trotz
U.S. Multinational Corporations Abroad: A Comparative Perspective on Sex Discrimination Law in the United States and the European Union, Ursula R. Kubal
U.S. Ratification of the U.N. Convention on the Law of the Sea: Passive Acceptance is Not Enough to Protect U.S. Property Interests, Candace L. Bates
U.S. Tobacco Goes Abroad: Section 301 of the 1974 Trade Act as a Tool for Achieving Access to Foreign Tobacco Markets, Fred H. Jones
Usury -- Affirmative Relief for the Debtor, D. W. Markham
Usury -- Deduction of Expenses Incidental to the Loan, Frank P. Spruill Jr.
Usury -- Insurance -- Life Insurance as Condition Precedent to Loan, James M. Verner
U.S. Visa Options and Strategies for the Information Technology Industry, Kristen Ness Ayers and Scott D. Syfert
Vendor and Purchaser -- Construction of Instruments -- Meaning of Words "More or Less", Welch Jordan
Vendor and Purchaser -- Duty of Vendor to Accept Assignee's Notes and Mortgage, Robert M. Wiley
Vendor and Purchaser -- Restrictive Covenant -- Marketable Title, F. M. Parker
Vendor and Purchaser -- Statute of Frauds -- Sufficiency of Memorandum, Staton P. Williams
Venezuela as a Case Study in (Limited) Sovereign Liability, W. Mark C. Weidemaier and Matt Gauthier
Victim Impact Evidence: Hard to Find the Real Rules, Robert P. Mosteller
Victims' Rights and the Constitution: Moving from Guaranteeing Participatory Rights to Benefiting the Prosecution, Robert P. Mosteller
Virtual Currencies: Growing Regulatory Framework and Challenges in the Emerging Fintech Ecosystem, V. Gerard Comizio
Voluntary Restraint Agreements: Effects and Implications of the Steel and Auto Cases, Michael M. Djavaherian
Von Dardel v. Union of Soviet Socialist Republics: An Expansive Interpretation of the Foreign Sovereign Immunities Act, Matthew B. Merrell
Wages, Work, Privilege, and Legal Education, Gene R. Nichol
Wait! That's Not What We Meant by Civil Society!: Questioning the NGO Orthodoxy in West Africa, Thomas A. Kelley III
Western Business Opportunities in the Soviet Union: Perestroikan Prospects, Leif Weizman
What Difference Does It Make Whether You Are Deportable or Excludable - The Supreme Court Refuses to Say, Edward Bates Cole
What Is the Matter With Equality?: An Assessment of the Equal Treatment of Religion and Non-religion in First Amendment Jurisprudence, William P. Marshall
What Money Market Mutual Fund Reform Means for Banks And Money Market Deposit Accounts, Carlton B. Price IV
What Remains of the Alien Tort Statute after Kiobel, Matteo M. Winkler
What's Money Got to Do With It?: Public Interest Lawyering and Profit, Kathryn A. Sabbeth
What's Old is New Again, Symposium: The Role of Judges in the 21st Century, Michael J. Gerhardt
When Human Rights Have Gone Too Far: Religious Tradition and Equality in Lautsi v. Italy, Rob Lamb
When Is a Check Paid -- Liability of Collecting Agent, J. B. Fordham
White Slave Traffic Act -- Intent and Purpose within the Meaning of the Act, Cecil J. Hill
Who Pays for Free Trade - The Dilemma of Free Trade and International Labor Standards, Karen Vossler Champion
Who Pays for the United Nations' Torts: Immunity, Attribution, and Appropriate Modes of Settlement, Patrick J. Lewis
Who’s Your Debt Collector Now? Extending Debt Collection Regulation to First-Party Lenders, Rebecca Plett
Who Watches the Watchers in Public Corruption Cases?, Richard E. Myers II
Why Can't We Be Friends? A Business Finance Lawyer's Plaintive Plea to Entrepreneurs, Joan MacLeod Heminway
Why Defense Attorneys Cannot, But Do, Care About Innocence, Robert P. Mosteller
Why Gridlock Matters, Michael J. Gerhardt
Why the Assertion of a "Nationalist" Presidency Does Not Support Claims for Expansive Presidential Power, William P. Marshall
Why the Catholic Majority on the Supreme Court May Be Unconstitutional, Symposium on Catholicism and the Court, Michael J. Gerhardt
Why There Should Be a Presumption Against Nationwide Preliminary Injunctions, Katherine B. Wheeler
Wik Peoples v. State of Queensland: A Restrained Expansion of Aboriginal Land Rights, Gilda C. Rodriguez
Wills -- Acts Constituting Election, Cecil J. Hill
Wills -- Admission of Extrinsic Evidence to Explain Ambiguities in Wills, Edwin T. Pullen
Wills -- Caveat by Proponent, Kenneth R. Hoyle
Wills -- Compromise of Caveat Proceedings -- Right to Share in Proceeds of Compromise, Frank N. Patterson Jr.
Wills -- Construction -- Right of Adopted Children To Take Under a Will as "Grandchildren", William B. Rector Jr.
Wills -- Construction -- Words of Limitation, Thomas W. Sprinkle
Wills -- Devises and Bequests by Implication, Paul McMurray
Wills -- Inheritance by Child Adopted After Execution of Adopting Parent's Will, N. A. Townsend Jr.
Wills -- Posthumous Continuation of Undue Influence, R. Mayne Albright
Wills -- Pretermission Statute -- Sufficiency of Life Insurance As Provision for After-Born Child, David L. Strain Jr.
Wills -- Remainders -- Life Tenant Vested with Absolute Power of Disposal, N. A. Townsend Jr.
Wills -- Requirements for Holographs -- Printed Forms, Maurice V. Barnhill Jr.
Witnesses -- Privileged Communications between Physician and Patient -- Waiver Clauses in Insurance Applications, John Taylor Schiller
Women in the World of Work: After Eighty-Six Years, Has the International Labour Organization Done Enough to Promote Equality, E. Abena Antwi
Worker Collective Action in the Digital Age, Jeffrey M. Hirsch
Workmen's Compensation -- Accidental Result -- Sufficiency for Recovery, Kirby Sullivan
Workmen's Compensation -- Accident Arising Out of and In Course of Employment In North Carolina, W. J. Adams Jr.
Workmen's Compensation -- Accidents Arising Out of and in the Course of Employment of Traveling Employees, Charles F. Coira Jr.
Workmen's Compensation -- Analysis of "Jurisdictional Fact" Review by Superior Courts, Robert L. Lindsey
Workmen's Compensation -- Conflict of Laws -- Injury to Employee Outside State of Employment, A. T. Allen Jr.
Workmen's Compensation -- Disability Resulting from Combination of Accident and Disease, Reeme Moore
Workmen's Compensation -- Eye Injuries and Loss of Vision, Herbert L. Toms Jr.
Workmen's Compensation -- Failure to Observe Traffic Law as "Willful Misconduct", Thomas W. Sprinkle
Workmen's Compensation -- Falls Due to Dizziness, Vertigo, Epilepsy and Like Causes, George M. McDermott Jr.
Workmen's Compensation -- Injuries Sustained by Employee While Going to and from Work, Giles R. Clark
Workmen's Compensation -- Injury from Blood Test Required by Public Regulation, Robert W. King Jr.
Workmen's Compensation -- Injury from Personal Assault as Arising Out of Employment, J. G. Lamont
Workmen's Compensation -- Latent Injuries and the Period of Limitations on Filing Claims, Donald L. Hardison
Workmen's Compensation -- Measure of Compensation for Loss of Member, Allen Langston
Workmen's Compensation -- Neutral Risks -- Causal Relation Between Employment and Injury, James H. Carson Jr.
Workmen's Compensation -- Notice to Employer -- Filing of Claims -- Action Under Federal Employers' Liability Act, E. C. Sanderson
Workmen's Compensation -- Recovery for Injuries Resulting from Horseplay, R. M. Gray Jr.
Workmen's Compensation -- Subrogation -- Defenses Available to Negligent Third Parties, Emmett C. Willis Jr.
Work, Migration, & Identity: An Introduction to the Symposium, Hiroshi Motomura
World Shipping: Between Liberalism and Protectionism, George N. Yannopoulos
World Trade Organization's Decision in United States - Tax Treatment for Foreign Sales Corporations: Round Three in the Transatlantic Tax Dispute, Ashley Redd Commins
Would a Constitutional Amendment Protect and Promote Marriage in North Carolina? An Analysis of Data from 2000 to 2009, Holning S. Lau
Writing Other Peoples' Constitutions, Paul D. Carrington
Wrongful Convictions: Adversarial and Inquisitorial Themes, Kent Roach
Wrongful Death -- Amendment of the Pleadings after the Limitation Period Has Run, Edward B. Hipp
Wrongful Death -- Measure of Damages -- Evidence of Retirement Income, Oliver W. Alphin
Yang v. Maugans: Just When You Thought It Was Safe to Get in the Water, David Teeples
You Must Go Home Again: Friedrich v. Friedrich, the Hague Convention and the International Child Abduction Remedies Act, Mark Dorosin
You've Got to Be in it to Win It: Six Steps to Securing and Completing a Research Grant, Stephanie Burke, Kathryn Hensiak, and Donna L. Nixon
Zenith Radio Corp. v. United States: The Nadir of the U.S. Trade Relief Process, Kevin C. Kennedy
Zoelsch v. Arthur Anderson & Co.: Restricting Subject Matter Jurisdiction for Foreign Litigants, Elizabeth M. Orazem