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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...

97 N.C. L. REV. 1463 (2019)

Long overpromised and underdelivered, gene therapy has at last achieved clinical validation and, with the advent of improved gene-editing technologies such as CRISPR, seems poised to play a rapidly expanding role in medical care. However, some of the intrinsic qualities of gene therapy pose a unique challenge to our health insurance model. Gene therapy is costly for a number of reasons. It is “person...

97 N.C. L. REV. 1399 (2019)

Although scientists have been manipulating genomes since the 1970s, the recent discovery of Clustered Regularly Interspaced Short Palindromic Repeats (“CRISPR”) has expanded the possibilities not only for what gene editing might accomplish but also who might accomplish it. Because CRISPR is relatively easy, efficient, and inexpensive, it is accessible to individuals— known as “citizen scientists”—who...

97 N.C. L. REV. 1359 (2019)

Gene-environment interactions play a key role in how psychiatric disorders manifest and develop. Psychiatric genetics researchers are making progress in identifying genomic correlates of many disorders. And recently, the field of genetics has given rise to a technology that many claim will revolutionize the biological sciences and propel the field into a transformative phase: the powerful gene-editin...

July 4, 2019

97 N.C. L. REV. 1329 (2019)

CRISPR-Cas9 genome-editing technology (“CRISPR”) offers a potential solution for some of the world’s critical conservation challenges. Scientists are harnessing CRISPR to expand genetic diversity of endangered species, control invasive species, or enhance species’ resiliency to a changing climate. Recreating extinct species is now realistic, as is engineering entirely new species. CRISPR also creates...

97 N.C. L. REV. 1241 (2019)

Since William Bateson’s 1906 coinage of the term “genetics,” the rise of mice as a model organism for biomedical research has gone hand in hand with genomic developments. In today’s research environment, mice and rats make up the vast majority of all research subjects. While the advent of gene-editing tools such as CRISPR has made genetic manipulation of mice easier, these tools also signal a new tre...

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