Content Posted in 2021
A Creditor’s Kerfuffle: How the SBRA Harms Creditors in Small Business Cases, Jonah R. Hall
A Current Regime of Uncertainty: Improving Assessments of Liability for Damages Caused by Artificial Intelligence, Mousa Alshanteer
"A Discriminatory Effect on Women": Implications of Volodina v. Russia in Promulgating Domestic Violence Protection in Russia, Kendra D. Roberts
AgChain: Deploying a Public Utility Blockchain to Unveil the Missing Links Between Food Origin and Destination, Jacob D. Farrell
Age Discrimination by Platforms, Ifeoma Ajunwa
Agency Legislative Fixes, Leigh Z. Osofsky
AI: Artificial Inventor or the Real Deal, Anna Carnochan Comer
A King's Word: Pre-1949 Chinese Bonds and a Framework for Pursuing Claims on "Classically" Time-Barred Bonds, Charles C.B. Plambeck
Algorithms at Work: Productivity Monitoring Applications and Wearable Technology, Ifeoma Ajunwa
A New Governance Approach to Regulating Human Genome Editing, John M. Conley, Arlene M. Davis, Gail E. Henderson, Eric T. Juengst, Karen M. Meagher, Rebecca L. Walker, Margaret Waltz, and Jean Cadigan
An Industry in Crisis: Nonbank Mortgage Servicers and the CARES Act Mortgage Forbearance, Nickolas J. Harrelson
Apprendi at 20: Reviving the Jury's Role in Sentencing, Stephanos Bibas
Apprendi/Booker and Anemic Appellate Review, Nancy Gertner
Apprendi's Two Constitutional Rights, Kate Stith
A Racially Biased Obstacle Course: Apprendi Transformed the Federal Sentencing Guidelines into a Series of Judicial Obstacles; Can Shame Reduce the Racial Disparities, Kallie S. Klein and Susan R. Klein
Assessing the Efficacy of the Bayh-Dole Act Through the Lens of University Technology Transfer Offices (TTOS), David Orozco
Auctioning Airspace, Brent Skorup
Back on Track: How "Amtrak Joe" Biden Can Overcome the Legal Morass Which Will Attempt to Derail His Railroad Revolution, Keenan Conder
Back to Basics: The Principles of Bank Merger Review, Christopher E. Rhodes Jr.
Banking on Blockchain, Lissa L. Broome
Bias In, Bias Out, Sandra G. Mason
Bolstering the Role of U.N. Treaty Bodies: A Possible Solution to the Chinese Uighur Crisis with Potentially Far-Reaching Implications, Ayat G. Hamza
Borrowers Beware: The OCC’s “Madden-fix” Rules and Their Shield for Predatory Lenders, Jordan A. Koonts
Bot Contracts, Deborah R. Gerhardt and David Thaw
"Catch a Falling Star": The Bluebook and Citing Blackstone's Commentaries, John V. Orth
Charter Schools, EMOs, and Sovereign Immunity, Andrew M. Benton
Choice of Law for Burdens of Proof, Dale A. Nance
Combatting Discrimination Against the Formerly Incarcerated in the Labor Market, Ifeoma Ajunwa and Angela Onwuachi-Willig
Community Reinvestment Act Final Rule: Will the FDIC Eventually Adopt the New Regulations, Kevin Goldman
Constructing a Constitutional Right: Borrowing and Second Amendment Design Choices, Jacob D. Charles
Constructing Recidivism Risk, Jessica Eaglin
Contents, North Carolina Journal of International Law
Contents, North Carolina Journal of International Law
Contents, North Carolina Law Review
Contents, North Carolina Law Review
Contents, North Carolina Law Review
Contents, North Carolina Law Review
Contents, North Carolina Banking Institute
Contents, North Carolina Law Review
Contents, North Carolina Law Review
Contents, North Carolina Law Review
Contents, North Carolina Journal of International Law
Contents, North Carolina Journal of International Law
Contents, North Carolina Law Review
Contracting Around the Hague Service Convention, John F. Coyle, Robin J. Effron, and Maggie Gardner
Criminal Clear Statement Rules, Carissa Byrne Hessick and Joseph E. Kennedy
Criminal Law x Addiction, Dawinder S. Sidhu
Cruel State Punishments, William W. Berry III
Data-Driven Discrimination at Work, Pauline T. Kim
Delay & Irreparable Harm: A Study of Exhaustion Through the Lens of the IDEA, Rosemary Queenan
Designing a Pattern, Darkly, Justin Hurwitz
Diversity, Democracy and White Racial Identity: Schuette v. Coalition to Defend Affirmative Action, Osamudia James
Dog Wags Tail: The Continuing Viability of Minority-Targeted Aid in Higher Education, Osamudia James
Eager To Follow: Methodological Precedent in Statutory Interpretation, Aaron-Andrew P. Bruhl
Ephemeral Messaging Applications and the Presidency: How to Keep the President from Blocking the Sunshine, Caroline Madison Pope
Exigent Circumstances: Section 13(3) of the Federal Reserve Act and Federal Emergency Lending Programs, Todd H. Eveson
Extending Mortgage Forbearance for Conventional Mortgage Loans During COVID-19, Shayshari S. Potter
Facebook's "Oversight Board:" Move Fast with Stable Infrastructure and Humility, Evelyn Douek
Flag of Convenience: Substituting Void-for-Vagueness Doctrine for Equal Protection Analysis in Manning v. Caldwell, Nathan Pinnell
Foreword, Thomas E. Walls and Lissa L. Broome
Frog Eyes and Pig Butts: The North Carolina Stalking Statute's Constitutional Dilemma and How To Remedy It, Nathan W. Wilson
From Amazon's Domination of E-Commerce to Its Foray into Patent Litigation: Will Amazon Succeed as "The District of Amazon Federal Court"?, Kaity Y. Emerson
Front Matter, North Carolina Journal of Law & Technology
Front Matter, North Carolina Journal of Law & Technology
Front Matter, North Carolina Journal of Law & Technology
Front Matter, North Carolina Journal of Law & Technology
Front Matter, North Carolina Journal of International Law
Front Matter, North Carolina Journal of Law and Technology
Front Matter, North Carolina Journal of Law and Technology
Front Matter, North Carolina Banking Institute
Front Matter, North Carolina Journal of Law and Technology
Front Matter, North Carolina Journal of Law and Technology
Front Matter, North Carolina Journal of Law and Technology
Future Work, Jeffrey M. Hirsch
Global Legal Ethics and Corporate Social Responsibility: Where's the Beef?, Heidi Frostestad Kuehl
Good Old Chapter 11 in a Pre-Insolvency World: The Growth of Global Reorganization Options, Oscar Couwenberg and Stephen J. Lubben
Google LLC v. CNIL: The Location-Based Limits of the EU Right to Erasure and Lessons for U.S. Privacy Law, Sam Wrigley and Anne Klinefelter
Handling Aggravating Facts After Blakely: Findings from Five Presumptive-Guidelines States, Nancy J. King
Hate, Interstate: The Fourth Circuit, Hate Crimes, and the Commerce Clause in United States v. Hill, Drew Bencie
Hemp on the Horizon: The 2018 Farm Bill and the Future of CBD*, Shannon Smith
Hidden Hunger in Peacetime and Wartime: Retailoring the 'Responsibility to Protect' to Food-Power Discourses in Burundi and North Korea, Between International Politics and International Law, Riccardo Vecellio Segate
Home, Schooling, and State: Education in, and for, a Diverse Democracy, Vivian E. Hamilton
Identity: Obstacles and Openings, Osamudia James
Inalienable Citizenship, Irina D. Manta and Cassandra Burke Robertson
India's Data Wild West: The Aadhaar System and Its Questionable Data Protections, Brett Orren
Innovation Warfare, Jeanne Suchodolski, Suzanne Harrison, and Bowman Heiden
Inseparable Uses, Mark Verstraete
Internet Service Provider Liability for Disseminating False Information About Voting Requirments and Procedures, William P. Marshall
Interpreting Forum Selection Clauses, John F. Coyle
Introduction: #MeToo in the Workplace, Jeffrey M. Hirsch
Is Algorithmic Affirmative Action Legal?, Jason R. Bent
Is the Cherry Sour? Why Doctrinal Borrowing Has Caused the Cherry Doctrine to Converge with RICO Law, Dale A. Davis
Judges Breaking the Law: An Empirical Study of Financially Interested Judges Deciding Cases, Benjamin B. Johnson and John Newby Parton
Korematzu, Hirabayashi, and the Second Monster, Eric L. Muller
Law Enforcement Use of Facial Recognition: Bias, Disparate Impacts to People of Color, and the Need for Federal Legislation, Christopher Jones
Leadership... From A to Z, Anne Klinefelter
Legal Calculators and the Tax System, Joshua D. Blank and Leigh Z. Osofsky
Legal Writing's Harmful Psyche, Kevin Bennardo
Liberty's Limits & Editing Humanity, Alexandra L. Foulkes
Life Without Parole Sentencing in North Carolina, Brandon L. Garrett, Travis M. Seale-Carlisle, Karima Modjadidi, and Kristen M. Renberg
Mal-Who? Mal-What? Mal-Where? The Future Cyber-Threat Of A Non-Fiction Neuromancer: Legally Un-Attributable, Cyberspace-Bound, Decentralized Autonomous Entities, Jonathan A. Schnader
Masthead, North Carolina Banking Institute
Meaningful Choice: A History of Consent and Alternatives to the Consent Myth, Charlotte A. Tschider
Misfire: How the North Carolina Pistol Purchase Permit System Misses the Mark of Constitutional Muster and Effectiveness, Nicholas Gallo
Nickels and Dimes? Rethinking the Imposition of Special Assessment Fees on Indigent Defendants, Ndjuoh MehChu
No Good Deed Goes Unpunished: Potential Lender Liability for Paycheck Protection Program Lenders, Adhitya Mahesh
Nuclear Semiotics, Atomic Tourism, and International Law: Tourism to the Chernobyl Site, Cannon Lane
Online Marketplaces' Responsibility for Harm from Counterfeit Cosmetics, Samantha J. Levin
Online Sports Betting: The Opportunities and Risks for Banks, Evan Harrell
Opioid Policing, Barbara A. Fedders
Opt-Out Education: School Choice as Racial Subordination, Osamudia James
Patent Claim Construction and Corpus Linguistics, Neal Hoopes, Paxton M. Lewis, and Amanda Black
Patent Eligibility of Disease Diagnosis, Shahrokh Falati
Paying for Pretrial Detention, Russell M. Gold
Physicians' Elusive Public Health Duties, Richard S. Saver
Picking Prosecutors, Carissa Byrne Hessick and Michael Morse
Pleading for Justice: An Analysis of Pleading Sufficiency and Class Action Certification as Applied to Vulnerable Populations in Willis v. City of Seattle, Heather Helmendach
Policing Symmetry, Teressa Ravenell and Riley H. Ross III
Political Posturing or a Move Towards "Net Nationalism?" The Legality of a TikTok Ban and Why Foreign Tech Companies Should Be Paying Attention, Gabrielle Supak
Predatory Ed: The Conflict Between Public Good and For-Profit Higher Education, Osamudia James
Predict and Suspect: The Emergence of Artificial Legal Meaning, Daniel Maggen
Preemption Problem: Does ERISA Preempt the California Consumer Privacy Act?, Katherine Q. Morrow
Progress Towards the New International Legal Framework for Protecting Biodiversity in Areas Beyond National Jurisdiction, Chandler J. Farris
Property Rights in Cryptocurrencies: A Law and Economics Perspective, Roee Sarel
Protecting the Role of the Press in Times of Crisis, Mary-Rose Papandrea
Protecting Workers' Civil Rights in the Digital Age, Ifeoma Ajunwa
Psychological Data Breach Harms, Ido Kilovaty
Recent Privacy Law Developments with Major Implications for Medical and Scientific Research, John M. Conley
Recovering the Proceeds of Foreign Crimes that Are Found in the United States, Stefan D. Cassella
Redefining the TRIPS Agreement to Accommodate en masse Compulsory Licensing of Vaccines & Other Pharmaceuticals for the Treatment of Covid-19, Alexandra H. Farquhar
Rejection: How Bankruptcy Courts’ Treatment of Midstream Gathering Agreements Affects Underwriting and Restructuring, John J. Kane, Gordon B. Russell, S. Kyle Woodard, and Kathleen Thompson
Removal for Cause: Seila Law and the Future of the CFPB and FHFA, Jackson S. Freeman
Representation for Removal? The Cherokee's Claim to a Congressional Delegate Assessed Under the Canons of Construction, Patrick A. Wolf
Reverse Legal Transplants, Sital Kalantry
Risky Education, Osamudia James
"Say the Magic Words": How Sovereign Immunity Absolves the Federal Government from Its Obligations Under the Fair Credit Reporting Act, George Dylan Boan
Schrems II and TikTok: Two Sides of the Same Coin, David A. Hoffman
Sextortion: The Hybrid "Cyber-Sex" Crime, Alessandra Carlton
Stress Testing During Stressful Times: How COVID-19 Could Influence the Role of Stress Testing and Prudential Financial Regulation, Briana L. Johnson
Talking About Black Lives Matter and #MeToo, Linda S. Greene, Lolita Buckner Inniss, Bridget J. Crawford, Mehrsa Baradaran, Noa Ben-Asher, I. Bennett Capers, Osamudia James, and Keisha Lindsay
Targeted Economic Sanctions in Light of the Hong Kong Autonomy Act and U.S.-China Tensions, Elizabeth Peters
The Application of Federal Tax Law in North Carolina Tax Cases, William W. Nelson
The Auditing Imperative for Automated Hiring, Ifeoma Ajunwa
The Brick-and-Mortar Bank is Dead—COVID-19 Killed It: Analyzing the “New Normal” for Data Security in the Increasingly Digital Financial Services Industry, Anna-Nicole Cooke
The Constitutional Irrelevance of Art, Brian Soucek
The Danger of Dealer's Choice: Why State-by-State Regulation of Online Sports Betting Is Not Enough, Lily Faulconer
The Death of Custom: Winners and Losers in the Legal Transformation of Peri-Urban Land in Niger, Thomas A. Kelley III
The Debilitating Scope of Care Coordination Under HIPPA, Frank Qin
The Drug (Pricing) Wars: States, Preemption, and Unsustainable Prices, Isaac D. Buck
The Emerging Regime of International Financial Services Regulation, Michael P. Malloy
The Emotional Woman, Alena M. Allen
The End of Entry Fiction, Eunice Lee
The Ends and Means of Decarbonization: The Green New Deal in Context, Jonas J. Monast
The Evolution of the Voice and Vote of Student-Athletes in NCAA Division I Governance, Lissa L. Broome
The Federal Sentencing Guidelines: Some Valedictory Reflections Twenty Years After Apprendi, Frank O. Bowman III
The First Anti-Sanctuary Law: Proposition 187 and the Transformation of Immigration Enforcement, Rick Su
The Fourth Amendment in Your Shower: Naperville, Reasonable Expectations of Privacy, and the Intimate Nature of Electric Smart Meter Data, Alexandra Franklin
The Future of Administrative Deference, F. Andrew Hessick
The Gamification of Work, Miriam A. Cherry
The Guardian Trustee in Bankruptcy Courts and Beyond, Lindsey D. Simon
The Honoré-Waldron Thesis: A Comparison of the Blend of Ideal-Typic Categories of Property in American, Chinese, and Australian Land Law, Paul T. Babie, John V. Orth, and Charlie Xiao-chuan Weng
The Influencers: Facebook's Libra, Public Blockchains, And the Ethical Considerations of Centralization, Michele Benedetto Neitz
The "Innocence" of Bias, Osamudia James
The Ins and "Outs" of Domestic Forum Selection Clauses in ICSID Arbitral Disputes, Carleigh E. Zeman
The Invisible Circumstances of Notice, Robin J. Effron
The Invisible Web at Work: Artificial Intelligence and Electronic Surveillance in the Workplace, Richard A. Bales and Katherine VW Stone
Their Home Is Not Their Castle: Subsidized Housing's Intrusion into Family Privacy and Decisional Autonomy, Michelle Y. Ewert
The Law and Policy of People Analytics, Matthew T. Bodie, Miriam A. Cherry, Marcia L. MCormick, and Jintong Tang
The Legal Foundations of White Supremacy, Erika K. Wilson
The Missing Marketplace of Ideas Theory, Mary-Rose Papandrea
The New White Flight, Erika K. Wilson
The Paradox of Automation as Anti-Bias Intervention, Ifeoma Ajunwa
The Paradox of Automation as Anti-Bias Intervention, Ifeoma Ajunwa
The Political Economy of Pandemic Pods, Osamudia James
The Religious Exemption Loophole: A Building Public Health Crisis in North Carolina, Brian Champion
The Sixth Amendment Sentencing Right and Its Remedy, Carissa Byrne Hessick
The Sixth and Eighth Amendment Nexus and the Future of Mandatory Sentences, William W. Berry III
The Structural Consequences of Big Data-Driven Education, Elana Zeide
The Use and Disuse of the Magna Carta: Due Process, Juries, and Punishment, Robert W. Emerson and John W. Hardwicke
They Will Survive—Again: CLO Resilience Amid the COVID-19 Pandemic, Emily K. Cooke
Too Dangerous to Exist: Holding Compromised Internet Platforms Strictly Liable Under the Doctrine of Abnormally Dangerous Activities, Jordan Glassman
Trade Secrets and the Right to Information: A Comparative Analysis of E.U. and U.S. Approaches to Freedom of Expression and Whistleblowing, Sharon K. Sandeen and Ulla-Maija Mylly
Tully v. City of Wilmington: A Fundamental Right To Be Treated Reasonably at Work, James W. Whalen
Upstream Tax Planning: A Case Study of Why Congress Should Institute a General Anti-Abuse Rule, Jay A. Soled
Valuing Identity, Osamudia James
Waging War on a Child's Right to Education in Africa, Sydney Plummer
What Should We Do After Work? Automation and Employment Law, Cynthia L. Estlund
White Like Me: The Negative Impact of the Diversity Rationale on White Identity Formation, Osamudia James
Who Gets the Frozen Embryos During a Divorce? A Case for the Contemporaneous Consent Approach, Sarah B. Kirschbaum
Who Owns the Confederate Monument in Winston-Salem?, Gwen Barlow
Why Removing 101 Won't Be Enough and What to Do Instead, Daniel Cole
Will Robots Agree to Pay Taxes? Further Tax Implications of Advanced AI, Bret N. Bogenschneider
Your Natural Gas is Not Cyber-Secure: A Two-Fold Case for Why Voluntary Natural Gas Pipeline Cybersecurity Guidelines Should Become Mandatory Regulations Overseen by the Department of Energy, Madeline A. Labovitz