Vulnerable, Not Voiceless: Outsider Narrative In Advocacy Against Discriminatory Policing

NICOLE SMITH FUTRELL Click here for PDF**   Introduction [They] told us to stand up[,] take off our shoes, socks, hoodies, and told everybody to take their top shirt off and leave only their undershirt or one shirt on. They told us to unbutton our pants and roll the waistband down. Three of us were in pajamas. They made us stand and wait with backs turned until a female officer came. She turned… READ MORE

READ MORE | 93 N.C. L. Rev. 1597 (2015)

Boys, Rape, And Masculinity: Reclaiming Boys’ Narratives Of Sexual Violence In Custody

BRENDA V. SMITH Click here for PDF** Introduction Male-on-male rape in custodial settings is a significant problem, especially for boys in adult prisons and jails,[1] as illustrated by data collected by the U.S. Department of Justice (“DOJ”) that reveals a consistent pattern of male vulnerability to sexual abuse in custodial settings.[2] In fact, male vulnerability to sexual abuse in custody animated the passage of the Prison Rape Elimination Act (“PREA”) in 2003.[3] However,… READ MORE

READ MORE | 93 N.C. L. Rev. 1559 (2015)

The Making Of The “Wrongfully” Documented Worker

LETICIA M. SAUCEDO Click here for PDF** Introduction The world of work has changed dramatically for immigrants since the enactment of the Immigration and Nationality Act (“INA”) in 1952[1] and its 1965 amendment.[2] Since the late 1940s, Congress contemplated worksite immigration enforcement as a way to deal with undocumented immigration.[3] In 1986, Congress enacted the Immigration Reform and Control Act (“IRCA”),[4] which amended the INA and, for the first time, implemented a worksite… READ MORE

READ MORE | 93 N.C. L. Rev. 1505 (2015)

Zeal On Behalf Of Vulnerable Clients

KATHRYN A. SABBETH Click here for PDF**   Introduction What is the societal role of lawyers for vulnerable clients? Important literature on lawyering for poor clients explores how lawyers might better support the agency, insights, and values of such clients.[1] Pivoting outward from the internal dynamics between clients and lawyers, another vital inquiry is what lawyers can and should do to promote the interests of their clients in relation to outside forces.[2] Monroe… READ MORE

READ MORE | 93 N.C. L. Rev. 1475 (2015)

Heller’s Scapegoats

KATIE ROSE GUEST PRYAL Click here for PDF** In the United States, a psychiatric diagnosis, or involuntary civil commitment to a psychiatric ward—which is considered treatment in the medical context—almost always leads to quasi-criminalization in the legal context. After such diagnosis or treatment, you are rendered, automatically and permanently, a member of one of our nation’s most vulnerable populations and stripped of rights based on your status. In no area is the U.S. populace… READ MORE

READ MORE | 93 N.C. L. Rev. 1439 (2015)

Is It Crazy To ThinkThat Attorneys With Mental Health Disabilities Are Uniquely Situated To Help Prisoners?

LISA T. MCELROY Click here for PDF** The psychotherapist . . . must understand not only the patient; it is equally important that he should understand himself . . . . The patient’s treatment begins with the doctor, so to speak. Only if the doctor knows how to cope with himself and his own problems will he be able to teach the patient to do the same. Only then. — C.G. Jung[1] Introduction In the summer of 2013, I was a newly… READ MORE

READ MORE | 93 N.C. L. Rev. 1419 (2015)

Cost-Effective Juvenile Justice Reform: Lessons From The Just Beginning “Baby Elmo” Teen Parenting Program

SHANI KING, RACHEL BARR, AND JENNIFER WOOLARD Click here for PDF** This Article reviews the literature describing the rise of mass incarceration and its effects on individuals, families, and communities. The Article then describes the Just Beginning “Baby Elmo” Program, a cost-effective, sustainable parental instruction and child visitation intervention created for use with incarcerated teen parents. This intervention is designed to increase the quality of interaction between parent and child, increasing the likelihood that the teen father… READ MORE

READ MORE | 93 N.C. L. Rev. 1381 (2015)

Always Already Suspect: Revising Vulnerability Theory

FRANK RUDY COOPER Click here for PDF** Martha Fineman proposes a post-identity “vulnerability” approach that focuses on burdens we all share; this article argues that theory needs to incorporate recognition of how invisible privileges exacerbate some people’s burdens. Vulnerability theory is based on a recognition that we are all born defenseless, become feeble, must fear natural disasters, and might be failed by social institutions. It thus argues for a strong state that takes… READ MORE

READ MORE | 93 N.C. L. Rev. 1339 (2015)

Bridge Over Troubled Water: Safe Harbor Laws For Sexually Exploited Minors

CHERYL NELSON BUTLER Click here for PDF** When you’re down and out When you’re on the street When evening falls so hard I will comfort you I’ll take your part When darkness comes And pain is all around Like a bridge over troubled water I will lay me down Like a bridge over troubled water I will lay me down[1] Introduction Domestic child sex trafficking, the sexual exploitation of native minors in the… READ MORE

READ MORE | 93 N.C. L. Rev. 1281 (2015)

Deprivation And “Deviance”: The Disabilities And Health Experiences Of Women In North Carolina’s Prisons

CARRIE GRIFFIN BASAS AND LISA PETERS Click here for PDF** Introduction Just a little comment: . . . in life after prison, my downfall is always going back around old people, places, and things. This is my 6th time. I’m ashamed . . . imbarrashed by it that’s why I’m going a different route B4 I the way I normally do. (I want different) I want freedom you know. I’ll blow my brains out B4 I re-enter the prison, that’s why I’m choosing to… READ MORE

READ MORE | 93 N.C. L. Rev. 1223 (2015)

Symposium 2014: Vulnerable Defendants In The Criminal Justice System

Tamar R. Birckhead and Katie Rose Guest Pryal Click here for PDF* The News and Observer (Raleigh, N.C.) recently reported that, on a national scale, “studies estimate between 15 and 20 percent of jail and prison inmates have a serious mental illness.”[1] However, due to lack of state and federal resources and a punitive rather than treatment-oriented approach to misconduct, the mentally ill are often incarcerated rather than provided with appropriate therapeutic care.[2] Indeed, the mentally ill represent… READ MORE

READ MORE | 93 N.C. L. Rev. 1211 (2015)

Ever-Blurred Lines: Why Native Advertising Should Not Be Subject To Federal Regulation

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

READ MORE | 93 N.C. L. Rev. 1187 (2015)

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

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

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

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

READ MORE | 93 N.C. L. Rev. 1140 (2015)

From Paper Terrorists to Cop Killers: The Sovereign Citizen Threat

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

READ MORE | 93 N.C. L. Rev. 1106 (2015)

The Delaware Delusion

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

READ MORE | 93 N.C. L. Rev. 1049 (2015)

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

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

READ MORE | 93 N.C. L. Rev. 995 (2015)

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

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

READ MORE | 93 N.C. L. Rev. 935 (2015)

Online Bullying and the First Amendment: State Cyberbullying Statutes After People v. Marquan M.

Haley E. Phillips Click here for PDF* Introduction When fourteen-year-old Sarah[1] first signed up for, an anonymous, question-based social media site, the questions and answers were simple and fun.[2] But soon she started getting more sinister messages.[3] Anonymous posters began to tease Sarah about the boy she had a crush on at school.[4] Her mother was sure Sarah’s classmates were sending the messages, but there was no way to prove their identity.[5]… READ MORE

93 N.C. L. Rev. Addendum 179 (2015)

Earning a “C” for Rulemaking: The Ambiguity and Potential Impact of a Recent SEC Rule Governing Nationally Registered Statistical Rating Organizations

Kyle R. Cunnion Click here for PDF* Introduction Imagine the world’s richest person, Bill Gates, and his more than $80 billion net worth.[1] Now imagine 136 equally wealthy individuals, whose combined $11 trillion net worth[2] would exceed the 2013 gross domestic product (“GDP”) of every country in the world except for the United States.[3] Finally, imagine that all of these individuals and their associated wealth very quickly disappeared, such that every person even… READ MORE

93 N.C. L. Rev. Addendum 150 (2015)

He Shoots, He Scores: An Analysis of O’Bannon v. NCAA on Appeal and the Future of Intercollegiate Athletics

Christian Dennie Click here for PDF*** Introduction Intercollegiate athletics has experienced substantial financial gains over the course of the last two decades. During that time, student-athletes have demanded a larger piece of the pie, but the National Collegiate Athletic Association (“NCAA”) and its member institutions have refused to adopt policies that would allow for such gains. When legislative changes wane, litigation often spurs change. Ed O’Bannon, a former star men’s basketball student-athlete,… READ MORE

93 N.C. L. Rev. Addendum 90 (2015)

A License to Kill? Working to Understand Texas Penal Code Section 9.42 and Deadly Force in Defense of Property

Barton T. Lee Click here for PDF*       Introduction “If I see guns on TV where people are getting killed, I change the channel.”[1] These were the words of Ezekiel Gilbert, shortly after a Texas jury acquitted him of the murder of twenty-three-year-old Craigslist escort Lenora Ivie Frago.[2] The murder charge stemmed from an incident on Christmas Eve 2009 where Gilbert, believing Frago’s $150 fee included sex, shot Frago after she… READ MORE

93 N.C. L. Rev. Addendum 69 (2014)

Airing Out HAMP’s Dirty Laundry: Resolving Corvello, Wigod, and the Inherent Problems of the Home Affordable Modification Program’s Trial Period Plans

Clay S. Hester Click here for PDF     Introduction* The Home Affordable Modification Program (“HAMP”) “seems to have created more litigation than it has happy homeowners,”[1]  or so the Ninth Circuit recently acknowledged in Corvello v. Wells Fargo Bank, N.A.[2]  HAMP was created as an administrative program in late 2008 in response to the nationwide housing collapse and recession.[3]  The initial goal of HAMP was to aid “3 to 4 million at-risk… READ MORE

93 N.C. L. Rev. Addendum 39 (2014)

Big (Gay) Love: Has The IRS Legalized Polygamy?

Anthony C. Infanti Click here for PDF Big (Gay) Love: Has the IRS Legalized Polygamy?* Anthony C. Infanti** If the Supreme Court says that you have the right to consensual [gay] sex within your home, then you have the right to bigamy, you have the right to polygamy, you have the right to incest, you have the right to adultery. You have the right to anything. —Sen. Rick Santorum[1] Introduction Bigamy and polygamy… READ MORE

93 N.C. L. Rev. Addendum 1 (2014)

Consent, Resistance, and the Physically Helpless Victim: Modernizing North Carolina’s Second-Degree Rape Statute in Light of State v. Huss

Ramona H. McGee

92 N.C. L. Rev. Addendum 162 (2014)

North Carolina’s Duty to Read: The Demise of Accountability for Transactional Attorneys?

Jennifer L. Nusbaum

92 N.C. L. Rev. Addendum 147 (2014)

Reattaching the Severance Argument to Lanvale Properties: Counties’ Authority to Impose Non-Monetary Conditions on Housing Developments Affecting School Capacity

Bradley D. Harder

92 N.C. L. Rev. Addendum 120 (2014)
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