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

By 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. 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

By 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. 39 (2014)

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

By 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. 1 (2014)

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

By Ramona H. McGee

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

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

By Jennifer L. Nusbaum

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

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

By Bradley D. Harder

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

Who Can Call Coaching in Child Sexual Abuse Cases?

By Hailey M. Bunce

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

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

By Rebecca A. Fiss

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

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

By 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. 57 (2013)

An Outrageous Response To “You’re Fired!”

By 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. 17 (2013)


By 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. 1 (2013)

Drawing Lines: Unrelated Probable Cause As a Prerequisite to Early DNA Collection

By David H. Kaye

Swabbing the inside of a cheek has become part of the custodial arrest process in many jurisdictions. The majority view is that routinely collecting DNA before conviction (and analyzing it, recording the results, and comparing them to DNA profiles from crime-scene databases) is consistent with Fourth Amendment protections against unreasonable searches and seizures. However, some judges and commentators have argued that DNA sampling in advance of a determination by a… READ MORE

91 N.C. L. Rev. Addendum 1 (2012)

In the Dead of the Night: Examining the Constitutionality and Precedent for the North Carolina General Assembly’s Infamous “Midnight Session”

By John Holton

“Unprecedented,” “unethical,” “pure chicanery,” “fundamentally unconstitutional”: all of these phrases were used to denounce the now-infamous “midnight session” held by the North Carolina General Assembly on January 5, 2012. After being called into session by Governor Beverly Perdue on January 4 to consider overruling a gubernatorial veto of Senate Bill 9—a reformation of the Racial Justice Act (“RJA”)—the Republican leaders of the House of Representatives employed procedural gymnastics to permit… READ MORE

91 N.C. L. Rev. Addendum 21 (2012)

Casting off the Curse of God: Litigation Versus Legislation and the Educational Rights of Youth in North Carolina’s Adult Criminal Justice System

By Dylan A. Farmer

For nearly a century, advocates of raising North Carolina’s legal age of adulthood have tried in vain to enact their agenda through legislative campaigns. The reform efforts have recently increased, but the results have been the same: all seven of the proposed raise-the-age bills introduced in the past three legislative sessions have failed prior to even reaching the senate and house floors for a vote. This comment implores the age… READ MORE

91 N.C. L. Rev. Addendum 36 (2012)

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

By 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. 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.

By 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. 95 (2013)

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

By 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. 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.

By 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. 148 (2013)

Parenthood by Estoppel? Assessing Boseman v. Jarrell and North Carolina’s Child Custody Standard

By Andrew D. Brown

While North Carolina’s legal standards in the area of parental rights are generally consistent with the standards set forth by federal constitutional jurisprudence, the Supreme Court of North Carolina’s most recent venture into child custody analysis demonstrates that the state’s custody standard has gradually deviated in a subtle, yet significant way from federal constitutional requirements. In Boseman, the court effectively terminated the parental rights of a fit, legal parent by granting… READ MORE

90 N.C. L. Rev. Addendum 180 (2012)

Cybercrime in the Securities Market: Is U.C.C. Article 8 Prepared?

By Christina Parajon Skinner

Today, over ninety percent of stock trades are done electronically through financial institutions, exchanges, and brokerage houses. Paper transactions—effectuated by the transfer of a physical stock certificate—are rare and, for that matter, outdated. And as a result of industry efforts to phase out the stock certificate, many investors today can no longer reify their stock ownership with a paper certificate. Yet despite attempts to modernize the commercial law governing investment securities to account… READ MORE

90 N.C. L. Rev. Addendum 132 (2012)

About Addendum

  • The North Carolina Law Review’s online supplement, Addendum, is a new forum for legal academics, practitioners, judges, and students to publish cutting-edge scholarship. Each article published in Addendum undergoes a rigorous editing process, but because the editing process is not restricted by print-publication timelines, articles can be published faster than pieces released in the Review’s print edition.
  • Find out more about Addendum

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