North Carolina Law Review

In Defense of the Ministerial Exception

Christopher C. Lund Over the past forty years, courts have developed the “ministerial exception,” a legal doctrine which immunizes churches from employment-based claims brought by their clergy (and others with significant religious duties). The lower courts all recognize this exception. But its contours remain fiercely disputed. And the Supreme Court has never clarified its boundaries or even confirmed that it exists at all. This article defends the ministerial exception and tries to flesh… READ MORE

No Exit: The Problem of Same-Sex Divorce

Elisabeth Oppenheimer Same-sex divorce is one of the most complicated and least discussed aspects of the gay rights movement. The legal complexity is best illustrated with an example. Suppose a same-sex couple marries in Massachusetts, which recognizes gay marriage, then moves to Pennsylvania, which does not. The relationship ends. Where can the couple divorce? The surprising answer is nowhere. Pennsylvania courts will not divorce them because Pennsylvania does not recognize their same-sex… READ MORE

Fair Use as a Collective User Right

Haochen Sun This Article puts forward a new theory that reconceptualizes fair use as a collective user right in copyright law. It first argues that the fair use doctrine has not yet unleashed its full energy in protecting the public interest. The failure is caused by a firmly ingrained notion in copyright law that treats fair use as an affirmative defense against allegations of copyright infringements. Such a fixed characterization of fair… READ MORE

Antitrust Review of Accountable Care Organizations: An Assessment of FTC and DOJ’s Relaxed Approach to Regulating Physician-Hospital Networks

Andrew A. Kasper Commentators have long identified poor coordination between health care providers, particularly physicians and hospitals, as a key contributor to the continuing cost and quality problems plaguing the United States health care delivery system. This lack of coordination undermines continuity of care, leading to medical error and unnecessary or duplicative services. There are a number of factors that contribute to this coordination failure—the fragmentation of providers, diverging economic incentives facing different provider groups, and… READ MORE

“Another Competitive Enterprise”: A Balanced Private-Public Solution to North Carolina’s Forensic Science Problem

Kavita Rani Pillai Part I of this Comment details the state of the forensic science system in North Carolina, as well as the potential ramifications that have yet to be fully realized. Part II describes the primary solution—independence of forensic laboratories—and argues why incorporating a burgeoning forensic science industry will be key in eliminating bias. Part III discusses the need for government-required accreditation and uniform best practices. This part also examines how these… READ MORE

Long-Term Suspensions and the Right to an Education: An Alternative Approach

Mary P. Kenyon On January 18, 2008, a fight broke out at Southside High School in Beaufort County, North Carolina, between several groups of students. During the melee, Viktoria King, a tenth grade student, engaged in a minor fistfight with another student. The fight did not involve weapons and did not result in any serious injuries. However, both girls were suspended for the rest of the school year and were denied access to the county’s alternative… READ MORE

Judicial Independence Revisited: Judicial Elections and Missouri Plan Challenges

Scott W. Gaylord In Public Funding of Judicial Campaigns: The North Carolina Experience and the Activism of the Supreme Court, Professor Paul Carrington provides a thorough overview of the history of judicial selection in North Carolina as well as the alleged problems with judicial elections. In particular, Professor Carrington argues that recent Supreme Court decisions affecting the speech rights of judicial candidates and their supporters have created a “national crisis” and have rendered… READ MORE

90 N.C. L. Rev. Addendum 61 (2012)

The Right to Bear Arms and the Abominable Snowman: How Six Inches of Snow Swallowed a Fundamental Right

Joshua J. Styles Hurricane Katrina brought unparalleled devastation to the Gulf Coast of the United States. In the wake of the storm, lawlessness descended upon the city of New Orleans. Looters ravaged the city, and innumerable reports of arsons, carjackings, rapes, and shootings overwhelmed local authorities. Law enforcement officers were simply incapable of responding to many of the calls; indeed, some officers completely abandoned their posts. In response to all these heinous crimes,… READ MORE

90 N.C. L. Rev. Addendum 84 (2012)

Transfer on Death Deeds: Benefit or Burden? A Proposal for Transfer on Death Deed Legislation in North Carolina

Jennifer W. Jiang Real property is a unique concept upon which ideas of property ownership and testator rights have been added to form a multifaceted spectrum of law. An individual’s right to own and devise real property is rooted in common law principles and secured by expectations of testamentary freedom. In an effort to protect these rights, owners execute wills and trusts to maintain control of the distribution of their property after death. Once… READ MORE

90 N.C. L. Rev. Addendum 106 (2012)