Volume 88 December 2009 Issue 1

Commencement Address—May 10, 2009

1

Michael B. Mukasey

On May 10, 2009, former Attorney General Michael B. Mukasey delivered commencement remarks to the graduating class of the UNC School of Law. Reminding the graduates that lawyers deal with the very hardest subjects and questions, Mr. Mukasey described the challenges he faced as a federal district judge and as attorney general, urging all... more

The Truth About Physician Participation in Lethal Injection Executions

11

Ty Alper

This Article addresses an aspect of Baze v. Rees (the Court’s recent lethal injection decision out of Kentucky) that has received little attention but threatens to have a significant impact on the way in which the holding of Baze is implemented in other states. In short, several of the Justices’ opinions in Baze were... more

Presidential Control of the Elite “Non-Agency”

71

Kimberly N. Brown

This article examines the constitutionality of legislation creating a new form of independent agency—in effect, a “non-agency” agency residing in the no-man’s land between Articles I and II of the Constitution.  In the Sarbanes-Oxley Act, Congress established the Public Company Accounting Oversight Board (“PCAOB” or “Board”) and endowed it with massive governmental powers while... more

Requiring a Jury Vote of Censure to Convict

137

Richard E. Myers II

This Article proposes changing the way juries (and judges) render their verdicts in criminal cases by explicitly requiring a separate finding before a defendant can be convicted: censure. Under mandatory jury censure, the criminal trial jury (or judge, if serving as factfinder), would be required to make a specific finding of censure in addition... more

Serendipity

185

Sean B. Seymore

Serendipity, the process of finding something of value initially unsought, has played a prominent role in modern science and technology. These “happy accidents” have spawned new fields of science, broken intellectual and technological barriers, and furnished countless products which have altered the course of human history. In the realm of patent law,... more

Dusting Off the AK-47: An Examination of NFL Players’ Most Powerful Weapon in an Antitrust Lawsuit against the NFL

212

Sean W.L. Alford

Most of today’s football fans take labor peace for granted.  After all, it has been more than fifteen years since professional football experienced the labor strife that led to one of the most significant antitrust decisions in favor of its players – McNeil v. National Football League.  At the time, the decision was thought... more

The Data Game: Learning to Love the State-based Approach to Data Breach Notification Law

267

Sara Needles

Packets of data identifying individuals are stored, sold, and swapped in more forums than it is possible to account for. As headlines signal more database-security breaches, increasing attention is being paid to the security of individuals’ personal information, particularly when that data is computerized. Beginning with California in 2003, all but five states have... more

To Form a More Perfect Union: Taxation, Economic Efficiency, and the Dormant Commerce Clause in Department of Revenue v. Davis

311

Casey J. Jennings

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Damages Under the Privacy Act: Is Emotional Harm Actual?

334

Nicole M. Quallen

In Cooper v. Federal Aviation Administration, et al, a District Court in the Northern District of California held that pilot Stanmore Cooper would not be compensated under the Privacy Act for the emotional harm he suffered when the Social Security Administration illegally disclosed his HIV status to the Federal Aviation Administration, the Department of... more