A Bump in the Road of Consumer Protection: How Bumpers v. Community Bank of Northern Virginia Stripped Section 75-1.1 of Its Ability to Protect Borrowers

Rebecca A. Fiss Click here for PDF* North Carolina consumers gained the ability to sue for “unfair or deceptive acts or practices” in 1969, when the state adopted a model version of the Unfair Trade Practices and Consumer Protection Law promoted by the Federal Trade Commission.[1]  Eight years later, the Supreme Court of North Carolina held that the original version of the statute covered only “bargain, sale, barter, exchange[,] or traffic” in goods… READ MORE

READ MORE | 92 N.C. L. Rev. 2145 (2014)

Reeling in the Supreme Court of North Carolina: Judicial Intervention in the Internal Dispute Resolution of Voluntary Associations under Topp v. Big Rock Found., Inc.

Lucille C. Andrzejewski Click here for PDF Introduction Voluntary associations play an integral role in the United States and North Carolina. In their various forms, they leverage social capital,[1]  build the foundation of democracy,[2]  and even mobilize the public for political action.[3]  They are an important part of the way individuals interact with society,[4]  and they also contribute significantly to the economy.[5]  The definition is broad and includes any “gathering of people for… READ MORE

READ MORE | 92 N.C. L. Rev. 2119 (2014)

Saving Face: Adopting a Right of Publicity to Protect North Carolinians in an Increasingly Digital World

William K. Smith Click here for PDF     Who steals my purse steals trash; ‘tis something, nothing; ‘Twas mine, ‘tis his, and has been slave to thousands; But he that filches from me my good name Robs me of that which not enriches him, And makes me poor indeed. —William Shakespeare, Othello act 3, sc. 3 Introduction* The right of publicity is the right to control the use of one’s identity.[1]  It… READ MORE

READ MORE | 92 N.C. L. Rev. 2065 (2014)

Holes in the Defense: Evaluating the North Carolina Attorney General’s Duty to Defend and the Responses of Other Government Actors

John E. Harris Click here for PDF      Introduction* On September 30, 2013, North Carolina Attorney General Roy Cooper had a problem. The federal government had just filed suit against the state of North Carolina, alleging that the state’s recently passed “Voter I.D.” law was unconstitutional.[1]  The Republican-led legislature had passed the bill just two months earlier,[2] and as it sat pending on Republican Governor Pat McCrory’s desk, Cooper, an independently elected… READ MORE

READ MORE | 92 N.C. L. Rev. 2027 (2014)

Overcriminalization in North Carolina

Jeff Welty Click here for PDF*** Overcriminalization has received considerable attention—academic and otherwise—in recent years. But most of this attention has focused on the federal criminal code, even though the vast majority of criminal prosecutions in the United States happen in state courts. This Article is the first to provide a detailed assessment of the scope and growth of the criminal law in a single state. It uses several different approaches to… READ MORE

READ MORE | 92 N.C. L. Rev. 1935 (2014)

Refining Per Se Unfair Trade Practices

Matthew W. Sawchak

READ MORE | 92 N.C. L. Rev. 1881 (2014)

The “Old” Black Corporate Bar: Durham’s Wall Street, 1898-1971

Amos N. Jones

READ MORE | 92 N.C. L. Rev. 1831 (2014)

A Dialogue with Judge Phillips

Transcript from reception honoring Judge Phillips

READ MORE | 92 N.C. L. Rev. 1813 (2014)

Modernizing the “New South”: The Legacy of Judge Phillips’s Late Career, Late Century Rulings in Shaw and VMI

Hampton Dellinger

READ MORE | 92 N.C. L. Rev. 1795 (2014)

Judge Dickson Phillips, Jr.: Preparation for Judicial Excellence

John Charles Boger

READ MORE | 92 N.C. L. Rev. 1789 (2014)

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

Joan H. Krause & Richard S. Saver   Joan H. Krause** & Richard S. Saver*** “Some problems are so complex that you have to be highly intelligent and well informed just to be undecided about them.” – Laurence J. Peter, Peter’s Almanac.[1]  Peter’s wry observation, while not specifically about health care, aptly captures this symposium’s key themes. This symposium considers decision-making challenges in health care. The subject is timely, with the push to improve decision making as part of… READ MORE

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

States’ Decision Not to Expand Medicaid

Mark A. Hall States’ Decisions Not to Expand Medicaid* Mark A. Hall** Introduction Is Medicaid Bad for Patients? How Much (if Anything) Will Medicaid Expansion Cost States? A. The Financial Costs and Benefits of Expansion B. Can Expanding States Back Out Later? Conclusion Introduction The Patient Protection and Affordable Care Act (“ACA”)[1]  presents states with two major decisions: (1) whether to create a state-based exchange for the purchase of subsidized private health insurance,[2]… READ MORE

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

Health Care Spending and Financial Security After the Affordable Care Act

Alison K. Hoffman Click here for PDF *** Health insurance has fallen notoriously short of protecting Americans from financial insecurity caused by health care spending. The Patient Protection and Affordable Care Act (“ACA”) attempted to ameliorate this shortcoming by regulating health insurance. The ACA offers a new policy vision of how health insurance will (and perhaps should) serve to promote financial security in the face of health care spending. Yet, the ACA’s policy… READ MORE

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 Click here for PDF Rapidly improving abilities to assemble and analyze massive datasets have the potential to transform health, healthcare, and the healthcare system. This article argues that in an era of big data, government regulators have the power to shape this transformation. One step that the federal government has taken to accelerate the transformation process is to make data bigger. By acting as a data generator, collector, aggregator, facilitator,… READ MORE

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

Health Care Reform and Efforts to Encourage Healthy Choices by Individuals

David Orentlicher Click here for PDF    Introduction*** While the Affordable Care Act (“ACA”)[1]  will do much to improve access to health care,[2] it may do far less to address other problems in health care and health, generally. For example, scholars have questioned whether the ACA will have a big enough impact on health care costs.[3] The United States spends far more on health care than other countries without noticeable benefits for… READ MORE

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 *** Introduction.. 1694 .. .. The Lay of the Land.. 1697 .. .. Even if You Do Everything Right, the Law Is Still a Problem.. 1705 A.………. The Pinettes………. 1705 B.………. The U.C. Book Club………. 1710 III. .. .. Why “End-of-Life” Decisions Should Be Treated Like Other Important Medical Decisions.. 1716 .. .. General Principles That Should Guide Law Relating to Health Care Decisions… 1719 A.………. Principle 1: Respect and… READ MORE

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

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

Peter A. Ubel Can Patients in the United States Become Savvy Health Care Consumers?* Peter A. Ubel** Introduction The Cost of U.S. Healthcare: A Brief and Broad History The Rising Burden of U.S. Healthcare Expenditures III. How “Skin in the Game” Ought to Work Lack of Price Transparency The Challenge of Getting Price Information in Time to Influence Healthcare Decisions.. 1766 A. Not Enough Time to Decide B. Unpredictable Trajectories of Care C. The… READ MORE

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

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 _ftn2″ name=”_ftnref”>**     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 are perennial participants in the parade of horribles organized by opponents… 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)

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)
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