North Carolina Law Review

University of North Carolina School of Law

160 Ridge Road

Chapel Hill, NC 27514

June 25, 2019

When Congress established the position of the administrative law judge (“ALJ”) via the Administrative Procedure Act (“APA”) in 1946, it sought to address concerns that persons hearing administrative cases lacked sufficient independence from the agencies that employed t...

June 20, 2019

The American legal system depends on broad legal standards and tests to flexibly apply the law to many unique situations. Chief Justice John Marshall espoused the judiciary’s role in creating such tests to safeguard citizens from unconstitutional government action. In...

June 20, 2019

As the sun rises over Boise, Idaho, on April 16, 2017, more than 100 young men are lacing up their cleats, trudging into warm-ups, deliberating game strategy, and otherwise adhering to the Sunday morning rituals they have developed over their careers as competitive ult...

June 20, 2019

Private Ronald Gray is the United States military’s longest resident of death row. Only three other prisoners sit there with him at the United States Disciplinary Barracks at Fort Leavenworth, Kansas, where he has awaited execution since 1988. Private Gray’s case has b...

June 18, 2019

97 N.C. L. REV. 899 (2019)

Judicial review of federal agencies rests on the premise that if a court gives an order to an agency, the agency will obey. Yet the federal government’s compliance with court orders is far from automatic, especially with orders telling an agen...

June 18, 2019

97 N.C. L. REV. 843 (2019)

Lawmakers have increasingly sought to shape communications between physicians and patients by enacting laws that either mandate or prohibit the provision or solicitation of particular information. Some of these laws can be justified as efforts...

June 18, 2019

97 N.C. L. REV. 773 (2019)

The respondeat superior (vicarious liability) standard, by which courts hold corporations liable for the crimes of their employees, has been widely criticized as being overinclusive insofar as it punishes faultless entities. Less acknowledged...

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