Featured Alumnus
- Our “Citadel of Truth,” William Brantley Aycock
September 27, 2009 | 1:37 pm
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 [...] -
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Hirabayashi and the Invasion Evasion
Eric L. Muller
This Article presents archival evidence demonstrating that government lawyers made a crucial misrepresentation to the United States Supreme Court in the case of Hirabayashi v. United States, 320 U.S. 81 (1943), the case that upheld the constitutionality of a racial curfew imposed on Japanese Americans in World War II. While the government’s submissions in... »
You’re Only as “Free to Leave” as You Feel: Police Encounters with Juveniles and the Trouble with Differential Standards for Investigatory Stops under In re I.R.T.
Jonathan S. Carter
Casual encounters with police invoke myriad reactions in different types of people, even among the blameless. While some may welcome the presence of law enforcement as an assurance of their safety and security, others feel an immediate sense of intimidation and trepidation by police questioning. In the context of the Fourth Amendment, however, such... »
New York’s Unconstitutional Tax on the Internet: Amazon.com v. New York State Department of Taxation & Finance and the Dormant Commerce Clause
Daniel Cowan
As the current economic downturn continues to ripple through every sector of the economy, state governments from North Carolina to California are struggling to develop innovative tax policies to boost their plummeting revenues. Traditional methods of taxation are no longer sufficient to satisfy state expenditures—either government spending must change drastically or legislatures must approve... »
No More Free Passes: Yousuf v. Samantar and the Foreign Sovereign Immunities Act
Ashley Edmonds
Individuals who were the subjects of torture and other atrocities abroad often come to the United States seeking refuge. Since 1991, these victims have also found a way of holding their torturers liable for their actions under the Torture Victim Protection Act of 1991 (“TVPA”). However, victims suing under the TVPA have faced an... »
Statutory Interpretation in Wal-Mart Stores East, Inc. v. Hinton and Why North Carolina Courts Should Apply Anti-Tax Avoidance Judicial Doctrines in Future Cases
Jeremy M. Wilson
In its 2009 decision Wal-Mart Stores East, Inc. v. Hinton, the North Carolina Court of Appeals held that the North Carolina Secretary of Revenue had the statutory authority to force combination of Wal-Mart Stores East and its related corporate entities. This action led to Wal-Mart Stores East paying nearly $30 million in back taxes, interest, and... »
Introduction
Erica Frankenberg, Leah C. Aden, and Charles E. Daye
The founding of the United States as a constitutional republic was nation-building. Restoring unity in the aftermath of the Civil War was nation-building. Achieving Brown v. Board of Education and the goal of equal educational opportunity for all children was nation-building. The articles in this Issue, inspired by the April 2009 conference, “Looking to... »
Racially Integrated Education and the Role of the Federal Government
Chinh Q. Le
When it comes to racial and ethnic integration in our nation’s public schools, it matters significantly whether the federal government is friend or foe. This has always been the case, but it is particularly so now. More than three decades have passed since the last major federal initiative to promote school integration. Meanwhile, courts... »
Resurrecting the Promise of Brown: Understanding and Remedying How the Supreme Court Reconstitutionalized Segregated Schools
Kimberly Jenkins Robinson
The Supreme Court’s decision on Brown v. Board of Education, held that separate educational facilities were “inherently unequal.” After tolerating substantial delay and evasion of the requirements of Brown, the Court eventually required school districts to dismantle the dual systems by eliminating all traces of separate schools and creating integrated schools. In contrast to... »
After Unitary Status: Examining Voluntary Integration Strategies for Southern School Districts
Danielle Holley-Walker
This Article provides empirical data on student assignment plans that are currently being used by Southern school districts that have recently attained unitary status. As the facts of Parents Involved in Community Schools demonstrate, Southern school districts will likely continue to be at the forefront of the struggle over voluntary integration efforts. Many Southern... »
Pursuing Educational Opportunities for Latino and Latina Students
Kristi L. Bowman
The number and percentage of Latino and Latina students in U.S. public schools continue to grow rapidly, yet the literature lacks a comprehensive analysis of how existing law can be used to advocate for these students’ interests. This Article first lays the socio-legal foundation necessary to contextualize such an analysis. Then, it aims to... »
Integrated Education and Mathematics Outcomes: A Synthesis of Social Science Research
Roslyn Arlin Mickelson and Martha Bottia
Mastery of mathematics and science by this nation’s youth is essential for the nation’s future development as well as students’ personal growth and economic well-being. Yet the performance of U.S. students in mathematics and science is unimpressive compared to other advanced industrialized nations. In addition, stark racial and socioeconomic status (“SES”) disparities in mathematics... »
Altering Grade Configurations in Virginia Schools: Reducing School Segregation Without Necessarily Considering Race in Light of The Parents Involved Ruling
William J. Glenn
This Article proposes a method by which school districts can voluntarily desegregate their schools while remaining within the constitutional guidelines set forth in the recent Parents Involved in Community Schools v. Seattle School District No. 1 Supreme Court opinion. This Article suggests that schools reconfigure grades as an alternative to the more explicit race-based... »
Still Swimming Against the Resegregation Tide? A Suburban Southern School District in the Aftermath of Parents Involved
Stephen Samuel Smith
Although many of the nation’s school districts have experienced resegregation in the opening decade of the twenty-first century, the school district in Rock Hill, South Carolina has made significant and successful efforts to increase integration even though the school district was not under any court order to do so. This Article discusses how these... »
To Be Real: Sexual Identity Politics in Tort Litigation
Anne Bloom
Tort litigation plays a role in constructing what we perceive to be “real” about sexual identity. It does so by assuming that sexual identity is naturally binary (male/female), even in cases which pose a challenge to the credibility of that assumption. Thus, to be “real” in tort litigation is to have a sexual identity... »
Consumer Investment in Trademarks
Deborah R. Gerhardt
To protect the interests of trademark owners in many new contexts, trademark law has expanded and uprooted the doctrine from its policy of protecting consumers. To facilitate this expansion, consumer interests are often ignored or manipulated to conform to the interests of mark owners. This Article introduces consumer investment in trademarks as a model... »
On the Use and Abuse of Standards for Law: Global Governance and Offshore Financial Centers
Richard K. Gordon
Current trends in international legal scholarship have shifted from a paradigm of state actors working within recognized sources of international law to one that includes networks of domestic regulators that develop and implement best practices or standards on a global basis. The new paradigm can be seen in operation in the efforts by onshore... »
Whose Loss Is It Anyway? Effects of the “Lost-Chance” Doctrine on Civil Litigation and Medical Malpractice Insurance
Steven R. Koch
This Comment explores the “lost-chance” doctrine—a theory of recovery unique to medical malpractice litigation that permits a patient to recover damages from a doctor without needing to establish a more-likely-than-not causal connection between the doctor’s negligence and the patient’s injury. Using two recent state supreme court decisions as a vehicle for analyzing the policy... »
Mashed-Up in Between: The Delicate Balance of Artists’ Interests Lost Amidst the War on Copyright
Michael Allyn Pote
Protecting the Greater Good: A Critique of the Public Duty Doctrine as Applied in Murray V. County of Person
Alexander B. Punger
This recent development defends the much maligned public duty doctrine and criticizes the North Carolina Court of Appeals decision in Murray v. County of Person. The decision in Murray incorrectly based application of the public duty doctrine on whether the defendants were sued in their individual or official capacities. Application of the doctrine in... »
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,... »