Content Posted in 2022
A Black-Footed Ferret and U.S. Law: Lessons Learned from the First Successful Clone of a Native U.S. Endangered Species, Lauren Corey
Access to Literacy: The Narrow Path Toward Recognizing Education as a Fundamental Right, Julia B. Leopold
Addictive Technology and Its Implications for Antitrust Enforcement, James Niels Rosenquist, Fiona M. Scott Morton, and Samuel N. Weinstein
A Familiar and Recurring Evil: Why Defendants Should Ask Potential Jurors About Police Brutality, Hannah K. Caison
A Federal Anti-SLAPP Law Would Make Section 230(c)(1) of the Communications Decency Act More Effective, Julio Sharp-Wasserman and Evan Mascagni
A House Built on Sand: The Constitutional Infirmity of Espionage Act Prosecutions for Leaking to the Press, Heidi Kitrosser and David Schulz
A Knife in a Gunfight: Empowering North Carolina Municipalities to Close the Digital Divide, Pearson Cost
A Masterclass in Trademark's Descriptive Fair Use Defense, Deborah R. Gerhardt
A Nation Joins in Tears: Implications of the Domestic Deployment of Federal Troops in Portland, Oregon, Marissa Cohen and Jacqueline Stevens
An Auditing Imperative for Automated Hiring, Ifeoma Ajunwa
An Empirical Study of Gender and Race in Trademark Prosecution, William Michael Schuster, Miriam Marcowitz-Bitton, and Deborah R. Gerhardt
Anne Klinefelter on The Right to Be Forgotten in the Age of Internet Surveillance Capitalism, Anne Klinefelter, Greg Lambert, and Marlene Gebauer
Arctic Sustainability Law: Almost Sufficient, Joseph F.C. DiMento, Melissa L. Kelly, and Kaitlin O'Donnell
Are Community Banks the Answer? An In-Depth Look at a Possible Solution to the Unbanked Problem in the United States, Avery E. Aulds
A "Slam Dunk" Against Discrimination: The Lawsuit That Could Spearhead Accessibility in the Digital World, Ellenor Brown
A "SLAPP" in the Face of Free Speech: Protecting Survivors' Rights to Speak Up in the "Me Too" Era, Alyssa R. Leader
Automated Legal Guidance, Leigh Z. Osofsky and Joshua D. Blank
Balancing Justice Needs and Private Property in Constitutional Takings Provisions: A Comparative Assessment of India, Australia, and the United States, Krithika Ashok, Paul T. Babie, and John V. Orth
Barring Married Same-Sex Couples from Joint Adoption: Comparative Perspectives and the Case of Taiwan, Holning S. Lau
"Because of Sex": Title VII's Failures Leave Legal Sex Workers Unprotected, Lauren Boone
"Beef -- It's Not What's for Dinner": The Implications of France's Newest Law for the Future of Labeling Cultured Meat in the European Union, Nick Verderame
Best Practices for Security and Perfection in Digital Infrastructure Assets, Michael Urschel and Kathryn Weiss
Blue v. Durham Public School District and the Campaign for School Equalization in North Carolina, Donovan J. Stone
Challenging Fair Housing Revisionism, Myron Orfield and William Stancil
Cheap Speech and What It Has Done (To American Democracy), Richard L. Hasen
Citation Stickiness, Computer-Assisted Legal Research, and the Universe of Thinkable Thoughts, Aaron S. Kirschenfeld and Alexa Z. Chew
Claiming the Copyright, Amanda Reid
Climate Resilience and Private Law's Duty to Adapt, Jim Rossi and Michael Panfil
Closing the "Political Action Committee Loophole": The Constitutionality of Prohibitions on PAC to PAC Donations, Michael C. Peretz
Compelled Subsidies and Original Meaning, Jud Campbell
Conflict in the Caucasus -- Analysis of Nagorno-Karabakh's Right to Sucession Under National and International Law, James N. Brennan
Conspiracy Theories and the Marketplace of Facts, David S. Han
Contents, North Carolina Law Review
Contents, North Carolina Law Review
Contents, North Carolina Journal of International Law
Contents, North Carolina Law Review
Contents, North Carolina Civil Rights Law Review
Contents, North Carolina Journal of International Law
Contents, North Carolina Law Review
Contents, North Carolina Journal of International Law
Contents, North Carolina Banking Institute
Contents, North Carolina Law Review
Contents, North Carolina Journal of International Law
Contents, North Carolina Law Review
Conventional Traffic Policing in the Age of Automated Driving, Jordan Blair Woods
Cooperative Clean Energy, Alexandra B. Klass and Gabriel Chan
Copyright Policy as Catalyst and Barrier to Innovation and Free Speech, Amanda Reid
Copyright Publication on the Internet, Deborah R. Gerhardt
Corporate and Securities Law Impact on Social Responsibility and Corporate Purpose, Thomas Lee Hazen
Correcting the Generally Accepted but Unjustified Interpretation of the Free Speech Clause, Michele Cotton
COVID and CAFOs: How a Federal Livestock Welfare Statute May Prevent the Next Pandemic, Bonnie M. Ballard
Cruise Contracts, Public Policy, and Foreign Forum Selection Clauses, John F. Coyle
Cybersecurity of the Person, Jeff Kosseff
Debt, Doubt, and Dreams: Understanding the Latino College Completion Gap, Kate Sablosky Elengold, Jess Dorrance, Robert Agans, Amanda Martinez, and Patricia Foxen
Did the COVID-19 Pandemic Finally Force North Carolina To Protect Marginalized Communities' Right To Vote, or Did History Repeat Itself?, Rowan E. Conybeare
Disbanding Police Agencies, Anthony O'Rourke, Rick Su, and Guyora Binder
Diversity from the Perspective of Corporate Boards and Lawyer Disciplinary Boards, Lissa L. Broome and John M. Conley
Doing Less with More: Why the Fourth Circuit Missed Its Chance To Raise the Floor of Mental Health Care for Detained Persons, Joshua Philip Elmets
Do Local Governments Really Have Too Much Power? Understanding the National League of Cities' Principles of Home Rule for the 21st Century, Nestor M. Davidson and Richard C. Schragger
Dreams Interrupted: A Mixed-Methods Research Project Exploring Latino College Completion, Kate Sablosky Elengold, Jess Dorrance, Amanda Martinez, Patricia Foxen, and Paul Mihas
Ecosystem of Distrust, Mark Verstraete and Derek E. Bambauer
Election Law Localism and Democracy, Richard Briffault
Enforcing Inbound Forum Selection Clauses in State Court, John F. Coyle and Katherine Richardson
Enforcing Outbound Forum Selection Clauses in State Court, John F. Coyle and Katherine Richardson
Episode 2: "I don't like owing people money", Kate Sablosky Elengold
Episode 3: "I take head of household", Kate Sablosky Elengold and Camille Phillips
"Europe's Last Dictator": Police Brutality and Human Rights Violations in Belarus, Samantha Lejune
Eviction Courts, Kathryn A. Sabbeth
Fairness Doctrine 2.0: The Ever-Expanding Definition of Neutrality Under the First Amendment, W. Mike Jayne
Fearless Speech, Mary Anne Franks
Federalism Limits on Non-Article III Adjudication, F. Andrew Hessick
Filtering Fake News Through a Lens of Supreme Court Observations and Adages, Clay Calvert and Austin Vining
Forcing Judges to Criminalize Poverty in North Carolina, Gene R. Nichol
Foreword, Emily K. Cooke and Lissa L. Broome
Form Over Function: How Collins v. Yellen Signals a Threat to the Independence of Multimember Financial Regulatory Agencies, Adam C. Gillette
Forum Selection Clauses, Non-Signatories, and Personal Jurisdiction, John F. Coyle and Robin J. Effron
Free Exercise in the Mirror, Sherry Colb
Free Speech, Fake News, and Democracy, Alvin I. Goldman and Daniel Baker
Friend or Foe? The Government's Split Mission in Consumer Bankruptcy Cases, Steven M. Constantin
Front Matter, North Carolina Journal of Law & Technology
Front Matter, North Carolina Civil Rights Law Review
Front Matter, North Carolina Journal of Law & Technology
Front Matter, North Carolina Banking Institute
Front Matter, First Amendment Law Review
Front Matter, First Amendment Law Review
Front Matter, First Amendment Law Review
Front Matter, First Amendment Law Review
Front Matter, First Amendment Law Review
Front Matter, First Amendment Law Review
Front Matter, First Amendment Law Review
Front Matter, First Amendment Law Review
Front Matter, First Amendment Law Review
Front Matter, First Amendment Law Review
Frozen in Time: The Supreme Court's Outdated, Incoherent Jurisprudence on Congressional Plenary Power over Immigration, Hallie Ludsin
Fructifying the First Amendment: An Asymmetric Approach to Constitutional Fact Doctrine, Amanda Reid
Future Work, Jeffrey M. Hirsch
Gender Inequality in Patent Litigation, Paul R. Gugliuzza and Rachel Rebouché
Gender Violence, the Carceral State, and the Politics of Solidarity, Deborah M. Weissman
Gingles Unraveled: Hispanic Voting Cohesion in South Florida, Nicholas Warren
Green Haircuts: Federal Risk Collateral Framework Policies That Incorporate Climate Risk, Benjamin J. Marsico
#Heckled, Josh Blackman
Hope for the Hopeless: The Prison Resources Repurposing Act, Phillip Vance Smith II and Timothy Wayne Johnson
How Transnational Law Complicates Treaty Interpretation, Stephen D. Walt and Bruno Zeller
Imbalance Between Speech & Health: How Unsubstantiated Health Claims in Secondary Effects Regulations of Sexually Oriented Businesses Threaten Free Speech, Kyla P. Garrett Wagner and Rachael L. Jones
Immigrants are "People" Too: Constitutionalizing Free Speech Protections for Undocumented Immigrants, Vanessa Canuto
Inconceivable Families, Malinda L. Seymore
In Pursuit of Economic Justice: The Political Economy of Domestic Violence Law and Policies, Deborah M. Weissman
In Rememberance: Judith Welch Wegner (1950-2021), North Carolina Banking Institute
Interpreting Injunctions, F. Andrew Hessick and Michael Morley
Iraq Back on Track: The Case for Expediting WTO Accession of "Fragile and Conflict Affected" ("FCA") Countries, Christina C. Benson and Bashar Malkawi
Is Enhanced Judicial Review the Correct Antidote to Excessive State Preemption?, Paul A. Diller
Is Silence for Sale? The First Amendment Implications of Michigan State University's Settlement With Larry Nassar Survivors, Emily O. Monnett
Jailhouse Immigration Screening, Eisha Jain
Joint Employment in the United States, Jeffrey M. Hirsch
Judging Offensiveness: A Rubric for Privacy Torts, Patricia Sánchez Abril and Alissa del Riego
Just "Dropped": Nike's Latest Trademark Foreshadows the Demise of the Knockoff Sneaker Industry and Limits Consumer Choice, Claudia Perez
Just the (Alternative) Facts, Ma'am: The Status of Fake News Under the First Amendment, Jessica Stone-Erdman
Keynote Address: Examining the Assange Indictment, Mary-Rose Papandrea
Laws Governing Manslaughter by Food Safety Crimes in the United Kingdom, Australia, Bangladesh and India: a Critical Review, S M. Solaiman
Learning to Discriminate: Vouchers and Private School Policies' Impact on Homosexual Students, Olivia Perry
Lessons on Political Speech, Academic Freedom, and University Governance from the New North Carolina, Gene Nichol
Like Sand from the Pyramids: Using Rare Books and Manuscripts to Facilitate Object-Based Learning in the Law School Classroom, Melissa M. Hyland
Local Budgets, Local Decisions: The Home Rule for the 21st Century Project's State Support for Local Democracy Provisions, Erin Adele Scharff
Losing Ground: How the Supreme Court's Use of Easement Law in U.S. Forest Service v. Cowpasture River Preservation Ass'n Thwarts Environmental Justice, William W. Metcalf
Maladies in the Misinformation Marketplace, Emily A. Thorson and Stephan Stohler
Managing the Police Emergency, Adam A. Davidson
Manipulation, Privacy, And Choice, Kirsten Martin
Marketplace Theory in the Age of AI Communicators, Jared Schroeder
Masthead, North Carolina Banking Institute
Mental Health History Is History: A Lifetime Ban on Gun Possession Due to History of Involuntary Commitment Violates the Second Amendment, Laura E. Johnson
Ministerial Exception: The Involuntary Servitude Loophole, Juliana Moraes Liu
Ministry of Truth: Why Law Can't Stop Prevarications, Bullshit, and Straight-Out Lies in Political Campaigns, Catherine J. Ross
Misinformation Mayhem: Social Media Platforms' Efforts to Combat Medical and Political Misinformation, Dawn Carla Nunziato
Mismanaging the Marketplace: The Economy of the Online Public Forum and Section 230 Liability, Zachary Osborne
Modernizing Mortgage Law, Christopher K. Odinet
Monopolizing Whiteness, Erika K. Wilson
More Money More Problems: Examining the Impact of the Anti-Money Laundering Act of 2020 on Banks and Regulators, Samuel J. Rier
Narrative Capacity, James Toomey
Natural Punishment, Raff Donelson
NC Regulatory Sandbox Act: Encouraging Innovation Despite Missing Some Opportunities, John W. Harris
No Amendment? No Problem: Judges, "Informal Amendment," and the Evolution of Constitutional Meaning in the Federal Democracies of Australia, Canada, India, and the United States, John V. Orth, John Gava, Arvind P. Bhanu, and Paul T. Babie
Nondelegation and Criminal Law, Carissa Byrne Hessick and F. Andrew Hessick
Not Your Grandpa's Trading Cards: Understanding NFTs in Professional Sports and Why Some May Be Considered Securities, Tucker P. Sutlive
Occupational Hazard: A Critique of California Elections Code § 13107(a)(3), Peter Nemerovski
Of Titles and Testaments: Reflections of an American Reader of the Adelaide Law Review, John V. Orth
Open Banking: The CFPB Should Follow the European Regulatory Regime, Sara C. Markov
Panel One: Classification and Access to National Security Information, Mary-Rose Papandrea, Margaret Kwoka, David Pozen, and Stephen I. Vladeck
Panel Two: The Press, Whistleblowers, and Government Information Leaks, David S. Ardia, Heidi Kitrosser, David McCraw, Mary-Rose Papandrea, and David Schulz
Penny Pinchers or Conflict-Free Crusaders? Why the Eleventh Circuit Eliminated Service Awards for Class-Action Representatives, Christie Shaw
Piercing the (Sovereign) Veil, W. Mark C. Weidemaier
"Play in the Joints" and a Playground: Building a New Test Post-Trinity Lutheran, Jonathan Zator
Principles of Home Rule for the 21st Century, National League of Cities
Prof. Kate Elengold on her research about barriers to college completion for Latino students, Kate Sablosky Elengold
Racial Capitalism in the Civil Courts, Tonya L. Brito, Kathryn A. Sabbeth, Jessica K. Steinberg, and Lauren Sudeall
Random Justice, Girardeau A. Spann
Ratemaking as Climate Adaptation Governance, Jonas J. Monast
Real "Fake News" and Fake "Fake News", Lili Levi
Realizing a New Right: The Right to Repair at the Federal Stage, Jared A. Mark
Redemption Localism, Daniel Farbman
Regulate Me Online? Regulate Me Not?: A Forum-Based Analysis Examining the Government's Ability to Regulate Constituents Online, Sterling Gutierrez
Regulatory Loan Forbearance in the Banking Industry, Reginald T. O'Shields and William C. Handorf
Reliance on a Judicial Lifeline: State v. Robinson and North Carolina's Partisan Battle for the Racial Justice Act, Adreanna Sellers
Religious Arguments, Religious Purposes, and the Gay and Lesbian Rights Cases, Steve Sanders
Remedies Against Incomplete, Erroneous and Unclear International Arbitral Awards, Ilias Bantekas and Ikram Ullah
Resisting Face Surveillance with Copyright Law, Amanda Levendowski
Rethinking Intellectual Property Risk in the Fourth Industrial Revolution, Danielle Williams and Kerrie Edmondson
Reverse Location Search Warrants: Law Enforcements' Transition to 'Big Brother', Cassandra Zietlow
Safeguarding Fair Use Through First Amendment’s Asymmetric Constitutional Fact Review, Amanda Reid
Saying the Quiet Parts Out Loud: Teaching Students How Law School Works, Alexa Z. Chew and Rachel Gurvich
Scoop and Toss: How To Keep the World's Most Expensive Ice Cream Cone from Collapsing, Montana Vaughn
Second-Bite Lawmaking, Rebecca Aviel
Separation of Powers Versus Checks and Balances in the Criminal Justice System: A Response to Professor Epps, Carissa Byrne Hessick
Sex and the First Amendment: The Long and Winding History of Obscenity Law, Geoffrey R. Stone
Sex and the First Amendment Through the Lens of Professional Speech, Claudia E. Haupt
“Shall Not be Construed”: Reversal of Supreme Court Decisions by Constitutional Amendment, John V. Orth
Shocking Business Bankruptcy Law, Melissa B. Jacoby
Smartphone Security for the Mobile Journalist: Should Reporters Give Police the Finger?, Frank D. LoMonte and Philip J. Sliger
Social Issues in the Spotlight: The Increasing Need to Improve Publicly-Held Companies’ CSR and ESG Disclosures, Thomas Lee Hazen
Social Utility of Music: A Case for a Copyright Exemption for Therapeutic Uses, Amanda Reid
Special Purpose Acquisition Companies and the PSLRA's Safe Harbor for Forward Looking Statements, Elizabeth A. Nelson
Stakeholder Syndrome: Does Stakeholderism Derail Effective Protections for Weaker Constituencies?, Matteo Gatti and Chrystin Ondersma
Stalking or Talking? An Analysis of State v. Shackelford, Stalking, and the First Amendment, Lindsay Byers
Standing and Contracts, F. Andrew Hessick
Superior Status: Relational Obstacles in Law to Racial Justice and LGBTQ Equality, Osamudia James
Taking Orders from Tweets: Redefining the First Amendment Boundaries of Executive Speech in the Age of Social Media, Sara Swartzwelder
Taxing Nudges, Kathleen DeLaney Thomas
Tax Now or Tax Never: Political Optionality and the Case for Current-Assessment Tax Reform, David Gamage and John R. Brooks
Teaching Law and Science Fiction at the University of Mississippi, Ellie Campbell and Antonia Eliason
Teaching Leadership in American Law Schools: Why the Pushback?, Martin H. Brinkley
Termination of Tenancy in Common by Adverse Possession: A Comparative Lesson from the United States, John V. Orth
The Changing Landscape of Asylum and Refugee Laws and Human Rights: The Diminishing Role of the United States?, Florence Shu-Acquaye
The Complicated Story of FOSTA and Section 230, Eric Goldman
The Constitutional Right to Bench Trial, Guha Krishnamurthi
The End of Affirmative Action, Meera E. Deo
The End of School Policing, Barbara A. Fedders
The Epistemic and Moral Dimensions of Fake News and the First Amendment, Ashley Messenger
The Fantasy of the Unchaste Mentality, Tara N. Summerville and Kevin Bennardo
The Federal Eviction Moratoria Following COVID-19 and its Effects on Landlords, Renters, and the Economy, Morgan E. Mumford
The Final Act -- Deportation by ICE Air, Deborah M. Weissman, Angelina Godoy, and Havan Clark
The Free Press and National Security: Renewing the Case for a Federal Shield Law, Alan Wehbé
The Government's Manufacture of Doubt, Helen Norton
The Happy Families of Tax Law, Carla Spivack
The Impossibility of Separating Race and Politics in a White People's Party, Gene R. Nichol
The Inequality of Informal Guidance, Joshua D. Blank and Leigh Z. Osofsky
The Last Breakfast with Aunt Jemima and its Impact on Trademark Theory, Deborah R. Gerhardt
The Mark of Policing: Race and Criminal Records, Eisha Jain
The Media's Definition of Fake News vs. Donald Trump's, Angie Drobnic Holan
The Nazi Analogy in Japanese American Civil Rights Discourse, Eric L. Muller
The Offensive Oversimplification: An Argument for Hate Speech Laws in the Modern Era, Mannirmal Kaur Jawa
The Power of Music: Application of the First Amendment to Copyright Regulation of Internet Radio, Amanda Reid
There Was Nothing “Neutral” About Executive Order 9066, Eric L. Muller
The Road to Free-Market Family Policy, Maxine Eichner
The Role of Lawyers in Removing Economic Activity from State Supervision, W. Mark C. Weidemaier
The Sovereign in Commerce, Kate Sablosky Elengold and Jonathan D. Glater
The Sovereign Shield, Kate Sablosky Elengold and Jonathan D. Glater
The State of Campus Free Expression in North Carolina: A Close Look at the "Restore/Preserve Campus Free Speech Act", Victoria Smith Ekstrand and Chengyuan Shao
The Supreme Court and Racial Progress, Erwin Chemerinsky
The Surprising Significance of De Minimis Tax Rules, Leigh Z. Osofsky and Kathleen DeLaney Thomas
The Unbearable Emptiness of Formalism: Autonomy, Equality, and the Future of Affirmative Action, Rachel F. Moran
The U.S. Supreme Court's Characterizations of the Press: An Empirical Study, RonNell Andersen Jones and Sonja R. West
They Should Be Fired: The Social Regulation of Free Speech in the U.S., Franciska A. Coleman
This is No Ovary-Action: Femtech Apps Need Stronger Regulations to Protect Data and Advance Public Health Goals, Allysan Scatterday
Truth or Consequences (the Deadly Kind): Oath Swearing in Nigerien Customary Law, Thomas A. Kelley III
Turducken™ Legal Writing: Deconstructing the Multi-State Performance Test Genre, Kaci Bishop and Alexa Chew
Unclaimed Personal Property and the State’s Liability for Accrued Interest: A Comparative Lesson from the United States, John V. Orth
Unlawfully-Issued Sovereign Debt, W. Mark C. Weidemaier and Mitu Gulati
Unleashing Pets from Dead-Hand Control, Kaity Emerson and Kevin Bennardo
Walking Out on Student Speech: The Erosion of Tinker and How Pickering Promises to Restore It, Emily Brown
War Powers Abrogation, Jeffrey M. Hirsch
"We Need Their Wages": Implications of COVID-19 on the Rising Levels of Child Labor in India, Caroline Carlyle
What's Not to Like?: The EU's Case Against Big Tech and Important Lessons for the United States, Parker Williams Hassard
When a Student's Speech Belongs to the University: Keefe, Hazelwood, and the Expanding Role of the Government Speech Doctrine on Campus, Lindsie Trego
When "Free Coffee" Violates the First Amendment: The Federal Highway Beautification Act After Reed v. Town of Gilbert, Emily Jessup
When Therapy Goes Public: Copyright Gatekeepers and Sharing Therapeutic Artifacts on Social Media, Amanda Reid and Pablo Miño
WTF? First Amendment Implications of Policing Profanity, Alexandra Baruch Bachman
You Can Call Me Al: Regulating How Candidates' Names Appear On Ballots, Peter Nemerovski