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)
Addendum

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 ask.fm, 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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