North Carolina Law Review

University of North Carolina School of Law

160 Ridge Road

Chapel Hill, NC 27514

March 21, 2018

96 N.C. L. Rev. 903 (2018)

It is widely agreed that the federal-court class action became a somewhat revolutionary device after Rule 23 was amended in 1966. Since 1966, further substantial changes to the rule have been considered by the rulemakers, but more proposals ha...

96 N.C. L. Rev. 859 (2018) 

We apply the Kaplow-Shavell model of optimal law enforcement to study the effects of prosecutors’ use of non-prosecution agreements (NPAs) to obtain cooperation on broader enforcement objectives, including deterrence of crime. The NPA policy...

March 21, 2018

96 N.C. L. Rev. 823 (2018)

This Essay explores various reasons why prosecutors might choose to speak about their cases, particularly in the area of corporate criminal enforcement, and especially as the DOJ has been increasingly doing so in that field over the last two d...

March 21, 2018

96 N.C. L. Rev. 789 (2018)

This Article examines the widespread use of confidential witnesses (“CWs”) in securities class action litigation following the enactment of the Private Securities Litigation Reform Act of 1995 (“PSLRA”). CWs are current or former employees (or...

March 21, 2018

96 N.C. L. Rev. 751 (2018)

Companies often require confidentiality from their employees. Maintaining corporate secrets helps protect intellectual property and gives a company an edge in a competitive marketplace. The law generally supports this corporate desire for secr...

March 21, 2018

96 N.C. L. Rev. 711 (2018) 

Businesses, healthcare providers, and others gather, store, and use our data every day. In the process, these entities may end up committing privacy harms. For example, Equifax might fail to utilize proper measures to safeguard your credit in...

March 21, 2018

96 N.C. L. Rev. 679 (2018) 

From the early days of mandatory arbitration of statutory claims—especially employment-discrimination claims—one major critique has been the loss of transparency and publicity that attends a shift from litigation in public courts to arbitrati...

March 21, 2018

96 N.C. L. Rev. 605 (2018) 

Courts and arbitration are creatures of our own making, refashioned regularly through politics producing legal change. By toggling back and forth in this Article between court-based adjudication, arbitration, and other forms of ADR, I show th...

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