| Volume 87 | September 2009 | Issue 6 |
The Racial Justice Act and the Long Struggle with Race and the Death Penalty in North Carolina
Seth Kotch & Robert P. Mosteller
In August 2009, the North Carolina Legislature enacted the Racial Justice Act (“RJA”), which commands that no person shall be executed “pursuant to any judgment that was sought or obtained on the basis of race.” One of the most significant features of the RJA is its use of statistical evidence to determine whether the... »
North Carolina Common Law Parol Evidence Rule
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,... »
The Origins of an Independent Judiciary in North Carolina, 1663-1787
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... »
Wind Over North Carolina Waters: The State’s Preparedness to Address Offshore and Coastal Water-Based Wind Energy Projects
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... »
The Unmerry Widow: Spousal Disinheritance and Life Insurance in North Carolina
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... »
Falling Out of Love with an Outdated Tort: An Argument for the Abolition of Criminal Conversation in North Carolina
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,... »
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
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... »
Holding on to Fundamental Rights is No Walk in the Park: Challenging the Constitutionality of the Park Ban Upheld Standley v. Town of Woodfin
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... »
Dedication to Volume 73
This issue of the North Carolina Law Review is dedicated to Professor and Chancellor Emeritus William Brantley Aycock, a man who has graced the UNC School of Law in one way or another for fifty years. Albert Coates observed that there is a special spirit here at the UNC School of Law, [...]

