Health Care Decisions in the New Era of Heath Care Reform: An Overview

Joan H. Krause & Richard S. Saver

READ MORE | 92 N.C. L. Rev. 1445 (2014)

States’ Decision Not to Expand Medicaid

Mark A. Hall

READ MORE | 92 N.C. L. Rev. 1459 (2014)

Health Care Spending and Financial Security After the Affordable Care Act

Alison K. Hoffman

READ MORE | 92 N.C. L. Rev. 1481 (2014)

Prospects For Regulation of Off-Label Drug Promotion in An Era of Expanding Commercial Speech Protection

Aaron S. Kesselheim & Michelle M. Mello On December 3, 2012, the United States Court of Appeals for the Second Circuit handed the government yet another setback in its quest to stem the deleterious public health effects of aggressive pharmaceutical marketing. United States v. Caronia involved a First Amendment challenge to a pharmaceutical sales representative’s criminal misdemeanor prosecution for promoting the narcolepsy drug Xyrem for multiple off-label uses by making oral statements about uses of the drug not approved by the Food and Drug Administration… READ MORE

READ MORE | 92 N.C. L. Rev. 1539 (2014)

Health Regulators as Data Stewards

Kristin Madison

READ MORE | 92 N.C. L. Rev. 1605 (2014)

Health Care Reform and Efforts to Encourage Healthy Choices by Individuals

David Orentlicher

READ MORE | 92 N.C. L. Rev. 1637 (2014)

Private Certifiers and Deputies in American Health Care

Frank A. Pasquale So-called “public programs” in U.S. health care pervasively contract with private entities. The contracting does not merely involve the purchase of drugs, devices, information technology, insurance, and medical care. Rather, government agencies are increasingly outsourcing decisions about the nature and standards for such goods and services to private entities. This Article will examine two models of outsourcing such decisions. In private licensure, firms offer a stamp of approval to certify that a given technology or service is up… READ MORE

READ MORE | 92 N.C. L. Rev. 1661 (2014)

The End of End-of-Life Law

Lois Shepherd

READ MORE | 92 N.C. L. Rev. 1693 (2014)

Can Patients in the United States Become Savvy Health Care Consumers?

Peter A. Ubel

READ MORE | 92 N.C. L. Rev. 1749 (2014)

Harry Edward Groves, Late Emeritus Henry Brandis Professor of Law: In Memoriam

Dean John Charles Boger

READ MORE | 92 N.C. L. Rev. 1041 (2014)

Patent Dialogue

J. Jonas Anderson This Article examines the unique dialogic relationship that exists between the Supreme Court and Congress concerning patent law. In most areas of the law, Congress and the Supreme Court engage directly with each other to craft legal rules. When it comes to patent law, however, Congress and the Court often interact via an intermediary institution: the U.S. Court of Appeals for the Federal Circuit. In patent law, dialogue often begins… READ MORE

READ MORE | 92 N.C. L. Rev. 1049 (2014)

Rethinking Judgments Reciprocity

John F. Coyle Scholars have long debated the criteria that U.S. courts should use when deciding whether to recognize and enforce money judgments rendered by foreign courts. One of the proposed criteria—reciprocity—would require proof that the rendering court would enforce a U.S. judgment if the situation were reversed. Advocates of reciprocity claim that it is necessary to create incentives for foreign states to recognize and enforce U.S. judgments. Critics argue that a policy… READ MORE

READ MORE | 92 N.C. L. Rev. 1109 (2014)

Defining Unreasonably Exclusionary Conduct: The “Exclusion of a Competitive Rival” Approach

Thomas A. Lambert Unreasonably exclusionary conduct, the element common to monopolization and attempted monopolization offenses under Section 2 of the Sherman Act, remains essentially undefined. Federal courts, including the U.S. Supreme Court, have purported to define the term, but the definitions they have offered are so indeterminate as to be, in the words of one prominent commentator, “not just vague but vacuous.” Seeking to fill the void left by the courts, antitrust scholars… READ MORE

READ MORE | 92 N.C. L. Rev. 1175 (2014)

Twilight for the Strict Construction of Waivers of Federal Soverign Immunity

Gregory C. Sisk The Government of the United States has long benefited from two canons of statutory construction that tip the scales of justice heavily in its direction in civil litigation by those seeking redress of harm by that government: First, the federal government’s consent to suit must be expressed through unequivocal statutory text. Second, even when a statute explicitly waives federal sovereign immunity for a subject matter, the traditional rule has been… READ MORE

READ MORE | 92 N.C. L. Rev. 1245 (2014)

Flip This Company, but Don’t Leave its Pensioners Out in the Cold: Sun Capital as a Call to Action to Change Taxation of Private Equity Funds

Valerie M. Hughes

READ MORE | 92 N.C. L. Rev. 1322 (2014)

Can We Keep this Dirty Money?: Ponzi Scheme Transfers and the Fourth Circuit’s Vague, but Workable Standard in In re Derivium Capital, LLC

Kristen J. Kenley

READ MORE | 92 N.C. L. Rev. 1370 (2014)

Where Gutenberg Meets Guns: The Liberator, 3D-Printed Weapons, and the First Amendment

Barton T. Lee

READ MORE | 92 N.C. L. Rev. 1393 (2014)

The Shifting Sands of Deterrence Theory and the Sixth Circuit’s Trouble with Suppression in United States v. Fofana

K. Dawn Milam

READ MORE | 92 N.C. L. Rev. 1426 (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)

Who Can Call Coaching in Child Sexual Abuse Cases?

Hailey M. Bunce

92 N.C. L. Rev. Addendum 101 (2014)

Taking Back “Electronic Storage”: South Carolina’s Jennings and Why the Stored Communications Act Should (and Does) Protect Opened Emails

Rebecca A. Fiss

92 N.C. L. Rev. Addendum 76 (2014)

Expanding “Practical Sovereignty”: Pre-Deprivation Due Process Suits for Drone Strikes on Non-U.S. Persons

Amien Kacou It is now a matter of public knowledge that the U.S. government has operated, as part of its counterterrorism policy since September 11, 2001, a major program of extrajudicial targeted killings via unmanned aerial vehicles (i.e., “armed drones”). Undertaken by the U.S. military and the CIA pursuant to the 2001 Authorization for Use of Military Force (“AUMF”), U.S. drone strikes have targeted members of Al Qaeda and their vaguely defined… READ MORE

92 N.C. L. Rev. Addendum 57 (2013)

An Outrageous Response To “You’re Fired!”

William R. Corbett “[W]hile the loss of a job is often devastating to an employee and at times unfair, these considerations do not play a role under our employment-at-will doctrine, and our exceptions to this law, such as sex discrimination, are only based on the underlying discriminatory motivation of the decision maker.”

92 N.C. L. Rev. Addendum 17 (2013)


Donald G. Gifford & William L. Reynolds The Supreme Court will hear a case during its 2013-2014 term that will test the principles of both its conservative and the liberal wings. In Mississippi ex rel. Hood v. AU Optronics Corp., Justices from each wing of the Court will be forced to choose between the modes of statutory interpretation they usually have favored in the past and their previously displayed pro-business or anti-business predispositions. The issue is whether… READ MORE

92 N.C. L. Rev. Addendum 1 (2013)

Remembering the Consumer on the Advent of ICANN’s New gTLD Expansion

Matthew E. Nigriny The Internet traces its roots back to the late 1960s when “computers at Stanford and UCLA connected for the first time.” There were incremental advancements from that point forward, but the start of the Internet boom came in the mid-1990s. Between 1995 and 1999 the number of Internet users increased from around 16 million to near 250 million. This trend has continued, and it was estimated that there were around 2.4 billion people… READ MORE

91 N.C. L. Rev. Addendum 73 (2012)

Marching Toward a Day of Reckoning: Dissecting the Complex Intersection of Insurance Law and Climate Change Litigation Through AES Corp. v. Steadfast Ins. Co.

Douglas J. DeBaugh Recently, the Supreme Court held that the Clean Air Act displaces federal common law public nuisance claims. This ruling struck a significant blow to climate change plaintiffs, as the nuisance doctrine had become critical for parties seeking the abatement of greenhouse gas emissions and damages for harms caused by those emissions. Because the Court has declined to rule on the viability of state law tort claims, some scholars believe an… READ MORE

91 N.C. L. Rev. Addendum 95 (2013)

The Capture and Interrogation of § 1651 Pirates: The Consequences of United States v. Dire

James C. Douglas Typically, the phrase “piracy on the high seas” conjures up images of seventeenth and eighteenth century buccaneers looting the ships of rich monarchies. Perhaps due to this sentiment, Congress has not felt the need to substantively amend its general piracy statute—18 U.S.C. § 1651—in over 150 years. Maritime piracy, however, is making a comeback of sorts off of the coast of East Africa, a comeback that creates an issue for the… READ MORE

91 N.C. L. Rev. Addendum 119 (2013)

Use It or Lose It: The Fourth Circuit Keeping the Right to Rescind Under TILA Out of the Courts in Gilbert v. Residential Funding LLC.

Jared A. Knight The Truth in Lending Act provides a borrower the unconditional right to rescind a mortgage from the point of consummation until midnight on the third business day following the consummation of the mortgage transaction. However, if a lender fails to make certain required disclosures, the right is extended until all of the required disclosures are made or until three years have passed since the date of consummation. Issues arise when… READ MORE

91 N.C. L. Rev. Addendum 148 (2013)
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