North Carolina Law Review

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January 13, 2020

98 N.C. L. REV 123 (2019)

The ever-growing phenomenon of predictive health analytics is generating significant excitement, hope for improved health outcomes, and potential for new revenues. Researchers are developing algorithms to predict suicide, heart disease, stroke, diabetes, cognitive decline, opioid abuse, cancer recurrence, and other ailments. The researchers include not only medical experts, but also commercial enterpri...

January 13, 2020

98 N.C. L. REV. 1 (2019)

Debates over the role of judicial review in a constitutional democracy gravitate to one of two poles. Either the debates are framed in terms of the power of courts countering the outputs of a well-ordered legislative process, or they are framed in terms of minority rights that are ever vulnerable to the tyranny of the majority.

This Article parts company with the customary debate in two ways. First, the...

January 13, 2020

98 N.C. L. REV. 191 (2019)

Federal abstention is a judicially created doctrine by which a federal court declines to exercise its jurisdiction over a case and controversy properly before it. Abstention is aimed at preserving the balance of sovereignty allocated to the states and federal government as envisioned by the Framers. Of the various iterations of abstention, Younger abstention perhaps does the most to protect this balan...

January 13, 2020

98 N.C. L. REV. 165 (2019)

Surrogacy has become a popular alternative for couples who are unable to carry their own children. As artificial reproductive techniques advance, so too must the law. States have codified surrogacy arrangements in a variety of ways, including intent-based and best interests tests. However, North Carolina remains one of several states that has not provided any guidance, either by statute or case law, f...

January 12, 2020

98 N.C. L. REV. 59 (2019)

In law as in life, we make both cross-sectional comparisons between analogous things at the same time and temporal comparisons involving the same thing at different times. Equal protection analysis, however, has been entirely cross-sectional. Applying equal protection temporally would address the all too common situation where the dominant group benefits from laws and then pulls up the ladder behind it...

September 8, 2019

 Both the United States Constitution and the North Carolina Constitution include emoluments clauses, but neither constitution defines the meaning of emoluments. Suits in federal courts against President Donald Trump charging him with receiving prohibited emoluments have raised the question whether emoluments as used in the Federal Constitution are limited to payments for employment or office-holding. A review of North Carolina...

September 8, 2019

 97 N.C. L. REV. 1673 (2019) 

 New technologies are expanding schools’ ability to keep students under surveillance—inside and outside the classroom—during the school year and after it ends. Schools have moved quickly to adopt a dizzying array of new tools. These include digital learning products that capture and store student data; anonymous tip lines encouraging students to report on each other; and software that monitors...

 97 N.C. L. REV. 1625 (2019) 

 North Carolina should abolish its location requirement for making a holographic will. Under the North Carolina holographic wills statute, a handwritten document must be found in an approved location after its author’s death in order to be regarded as a holographic will. No other state has mandated a location requirement for holographic wills since 1941. 

 The location requirement furthers...

September 8, 2019

 97 N.C. L. REV. 1553 (2019) 

 Evidence law in North Carolina senselessly punishes victims of domestic and sexual violence by broadly sanctioning witness impeachment with prior convictions––no matter the implicit prejudice to the witness or how little the conviction bears on credibility. The North Carolina approach is an outlier. Under Rule 609 of the Federal Rules of Evidence, the use of conviction evidence for impeaching...

97 N.C. L. REV. 1497 (2019)

Concerns over patent protection covering new forms of gene editing have largely focused on the intellectual property covering the editing mechanism itself, most notably CRISPR (clustered regularly interspaced short palindromic repeats), but also ZFNs (zinc finger nucleases) and TALENs (transcription activator-like effector nucleases). Some of the most important technical advances in these areas, howe...

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