Volume 87 2008-2009

North Carolina Common Law Parol Evidence Rule

1699

Caroline N. Brown

This article evaluates the application of the parol evidence rule by the courts in North Carolina.  The article explores the tortured and murky history of the rule, to which many of the difficulties associated with its application are surely attributable.  Although the North Carolina courts do a fine job with certain groups of cases,... more

The Origins of an Independent Judiciary in North Carolina, 1663-1787

1771

Scott D. Gerber

An independent judiciary is one of the great American contributions to constitutional theory.  This Article traces the origins of that idea in North Carolina, one of only a small handful of states to adopt it prior to the Federal Constitution of 1787.  Although the North Carolina judiciary did not become independent until the state’s... more

Wind Over North Carolina Waters: The State’s Preparedness to Address Offshore and Coastal Water-Based Wind Energy Projects

1819

Joseph J. Kalo & Lisa C. Shiavinato

Nationally, there is great interest in placing wind turbines in coastal and ocean waters.  At this time, no such facilities exist.  However, major projects are either underway or being planned for siting on the east coast.  The ocean waters off the coast of North Carolina and the waters of its large internal... more

The Unmerry Widow: Spousal Disinheritance and Life Insurance in North Carolina

1869

Jeffrey S. Kinsler

In spite of our nation’s long-held public policy of protecting surviving spouses, some people purposely disinherit their spouses.  For centuries, North Carolina more or less tolerated intentional spousal disinheritance.  In 1959, in an effort to protect surviving spouses from deliberate disinheritance, North Carolina adopted a “right of dissent” statute that authorized a surviving spouse... more

Falling Out of Love with an Outdated Tort: An Argument for the Abolition of Criminal Conversation in North Carolina

1910

Caroline L. Batchelor

Assume Bill has met Robin on the Internet.  He portrays himself as a single doctor.  After the tenth date Robin and Bill have sexual relations.  Can Bill’s wife sue Robin?  Absolutely! . . .  Bill has signed a separation agreement that says he and his wife can live as if unmarried in all respects.  It is signed,... more

Mapping the World Wide Web: Using Calder v. Jones to Create a Framework for Analyzing when Statements Written on the Internet Give Rise to Personal Jurisdiction

1952

Alexander B. Punger

In March 2007, Kathy Sierra, a well-known game developer and blogger, was scheduled to present at the Etech conference in San Diego.  Instead of leading her workshop, Sierra locked herself inside her home and was afraid to leave.  Sierra cancelled her appearance at the conference because she was the victim of a harassment campaign... more

Holding on to Fundamental Rights is No Walk in the Park: Challenging the Constitutionality of the Park Ban Upheld Standley v. Town of Woodfin

1979

Emily E. Reardon

Imagine the perfect day when the sun is shining, the air is cool and clear, and the only plans for the day involve walking through town to attend a cookout with friends in the middle of the public park.  Or maybe picture the day of the town’s long-awaited baseball tournament, when all town citizens... more

Frontiers in Empirical Patent Law Scholarship

1321

Andrew Chin

Recent proposals to amend the Patent Act  and the legal academy’s growing interest in empirical methods  have made the policy analysis of patent law a timely topic for colloquia  and symposia.   Empirical scholarship plays a vital role in these discussions, as it tests the theories, hypotheses, and characterizations that underlie legal rules and... more

Keynote Address

1323

Hon. S. Jay Plager

In thinking about the range of issues we confront in empirical legal research, including research into patent law and policy, it is well to begin with fundamentals.  There are three inquiries that define what scholarship into the human condition cares about—knowledge, conduct, and governance.  Typically, scholarship regarding patent law and policy is concerned with... more

The Political Economy of the Patent System

1341

Jay P. Kesan & Andres A. Gallo

In recent years, many reform proposals have been presented in Congress for changing the patent system in the United States.  Most of these proposals have been normative in nature and based on overcoming the many perceived shortcomings of the United States Patent and Trademark Office’s (“Patent Office”) performance.  Nonetheless, actual legislative reforms have failed... more

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