North Carolina Law Review

University of North Carolina School of Law

160 Ridge Road

Chapel Hill, NC 27514

September 30, 2016

94 N.C. L. Rev. 2176 (2016) 

North Carolina enacted the Heritage Protection Act (“HPA”) in July 2015, less than two weeks after the removal of the Confederate flag from the South Carolina State House. This law severely restricts the removal, relocation, or alteration of...

September 30, 2016

94 N.C. L. Rev. 2155 (2016) 

What if, in the popular board game Monopoly, “Get Out of Jail Free” cards could only be drawn by a predetermined segment of players? Further, what if the opportunity to draw the liberating vouchers was based on an arbitrary distinction that...

September 30, 2016

94 N.C. L. Rev. 2097 (2016) 

Contrary to the original legislative intent, North Carolina’s RTF statute in its current form fails to strike an appropriate balance between protecting the state’s farmland and preserving the inherent right of neighboring landowners to the e...

September 30, 2016

94 N.C. L. Rev. 2051 (2016) 

This Article examines the jurisprudence of Justice William J. Gaston (1778–1844), a revered member of the Supreme Court of North Carolina, who is best known for two opinions that furthered the rights of slaves. Previous scholars have written...

94 N.C. L. Rev. 1997 (2016)

The North Carolina Racial Justice Act provided that a defendant may state a claim for relief based on statistical evidence of discrimination in capital charging and sentencing decisions. This paper reports the methodology and findings of a Mc...

94 N.C. L. Rev. 1957 (2016) 

On April 30, 1986, the United States Supreme Court handed down its decision in Batson v. Kentucky. The opinion reiterated that the Equal Protection Clause of the Fourteenth Amendment prohibits the exercise of peremptory strikes on the basis...

94 N.C. L. Rev. 1871 (2016) 

This Article places North Carolina into the social, political, and legal context of the movement in the United States that resulted in the sterilization of more than thirty thousand people from the 1920s through the 1960s. We sketch the soci...

September 30, 2016

94 N.C. L. Rev. 1725 (2016) 

This Article examines the North Carolina Innocence Inquiry Commission in its first decade of operation. The Commission, which was created in 2006 by the North Carolina General Assembly, is unique in the nation for its structure and charge to...

May 3, 2016

94 N.C. L. Rev. Addendum 44 (2016)

We should never easily accept the sacrifice of our civil liberties for the sake of a "greater good." Indeed, Americans have traditionally held this to be true. An old adage reminds us that one must carefully consider giving up an "esse...

August 1, 2015

94 N.C. L. Rev. Addendum 18 (2015) 

With more than sixty-five percent of new mortgages and deeds of trust being registered in the Mortgage Electronic Registration System (the "MERS" system), MERSCORP Holdings, Inc. ("MERS") is a titan in the mortgage industry. MERS was...

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