10Jan

The Education Duty

Categories: Law Review

By: Scott R. Bauries* Introduction A constitution is an instrument of entrustment. By adopting a democratic constitution, a polity places in the hands of its elected representatives its trust that those representatives will act to pursue the ends of the polity, rather than their own ends, and that they will do so with an eye […]

Tags: Constitutional Law Education

10Jan

Rethinking the Presumption of Mens Rea

Categories: Law Review

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By: Eric A. Johnson* Introduction Substantive background principles play a critical role in the courts’ interpretation of criminal statutes, particularly where the subject of mens rea is concerned.[1] As Professor Dan Kahan has said, “criminal statutes typically emerge from the legislature only half-formed.”[2] The effect of these “incompletely specified criminal statutes” is a tacit delegation […]

Tags: Criminal Law Supreme Court

10Jan

Ineffective Amnesty: The Legal Impact on Negotiating the End of Conflict

Categories: Law Review

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By: Scott W. Lyons* Introduction For the past two decades, the exhaustive discourse concerning a duty to prosecute crimes against humanity primarily discussed the transition to democracy, replacing authoritarian regimes, and the resultant responsibility of the incoming government to hold the previous government accountable for serious atrocities.[1] As this situation described a predominant international issue […]

Tags: Criminal Law International Law

10Jan

Legal Promise and Psychological Contract

Categories: Law Review

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By: Tess Wilkinson-Ryan* Introduction This Essay argues that the “psychological contract”—the parties’ respective, subjective, idiosyncratic understandings of their contractual obligations to one another—is important and predictable. The common law of contract tells us how to discern the legal promise. By contrast, the “psychological contract” describes how the parties themselves understand their agreements, an inquiry that […]

Tags: Contracts Psychology

10Jan

Preston v. Leake: Applying the Appropriate Standard of Review to North Carolina’s Campaign Contributions Ban

Categories: Law Review

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By: Hillary Kies* Introduction Over the past decade, North Carolina’s state government has been plagued by corruption and the appearance of corruption. Corruption allegations and the resulting investigations regarding corruption allegations even reached the campaigns of former governor Michael Easley and outgoing governor Beverly Perdue.[1] These North Carolina problems have been on trend with the […]

Tags: Campaign Contributions Fourth Circuit

10Jan

Twenty-first Century Equity: Tailoring the Corporate Veil Piercing Doctrine to Limited Liability Companies in North Carolina

Categories: Law Review

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By: Dave Rugani* Introduction The advent of the limited liability company (“LLC”) in the 1980s has had far-reaching implications for how individuals choose to form business entities. Never before has there existed such a malleable legal entity that provides both limited liability and exemption from double taxation.[1] Indeed, since the passage of the first LLC […]

Tags: Corporate North Carolina

27Oct

The Enlightenment of Administrative Law: Looking Inside the Agency for Legitimacy

Categories: Law Review

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By: Sidney Shapiro* Elizabeth Fisher** Wendy Wagner*** “Expert discretion is the lifeblood of the administrative process . . . .”[1] The history of administrative law in the United States constitutes a series of ongoing attempts to legitimize unelected public administration in a constitutional liberal democracy.[2] It is a history of many twists and turns in which public administration and […]

Tags: Administrative Law

27Oct

The Age of Greed and the Sabotage of Regulation

Categories: Law Review

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By: Rena Steinzor* Introduction The congressional debate over whether the government engages in ruinous “overregulation” is only occasionally coherent. Sometimes it is downright bizarre, and never is it for the faint of heart. The intensely disturbing dynamic between grandstanding, conservative Representatives and hypersensitive, anxiety-ridden White House operatives has evolved to the point that it threatens […]

Tags: Labor Regulation

27Oct

Capture Nuances in Financial Regulation

Categories: Law Review

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By: Lawrence G. Baxter* Introduction In early May 2012, a select group of America’s most powerful bankers was ushered into a meeting with the Governor most responsible for bank regulation at the Board of Governors of the Federal Reserve System (“Fed”).[1] The bankers were there to express their concerns about far-reaching proposed regulations designed to […]

Tags: Administrative Law Federal Regulation Financial

27Oct

The Benefits of Capture

Categories: Law Review

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By: Dorit Rubinstein Reiss Introduction [N]ot all capture is bad. It surely is bad for regulators to believe that ‘what’s good for General Motors is good for America’; but it is also undesirable for regulators to believe that ‘what’s bad for General Motors is of no consequence to America’.[1] Observers of the administrative state warn against […]

Tags: Administrative Law Regulation

27Oct

Democracy and Administrative Legitimacy

Categories: Law Review

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By: David Arkush* This Essay examines the three ideals that underlie most models of administrative legitimacy—the rule of law, sound public policy, and democracy—as well as their associated models of administration, and it argues that administrative legitimacy efforts are best focused on the democracy ideal. Reforms guided by the rule of law and public policy […]

Tags: Administrative Law Democracy

27Oct

Hyperdepoliticization

Categories: Law Review

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By: Edward Rubin* The effort to insulate public administration from the tempestuous intensity of political controversy is a dominant theme in the history of American government. At the federal level, it is older than the administrative state itself, having been put in issue by the transition from the Federalists to the Jeffersonian Democrats in 1800[1]—the […]

Tags: Administrative Law Politics

The Education Duty

Rethinking the Presumption of Mens Rea

Ineffective Amnesty: The Legal Impact on Negotiating the End of Conflict

Legal Promise and Psychological Contract

Preston v. Leake: Applying the Appropriate Standard of Review to North Carolina’s Campaign Contributions Ban

Twenty-first Century Equity: Tailoring the Corporate Veil Piercing Doctrine to Limited Liability Companies in North Carolina

The Enlightenment of Administrative Law: Looking Inside the Agency for Legitimacy

The Age of Greed and the Sabotage of Regulation

Capture Nuances in Financial Regulation

The Benefits of Capture

Democracy and Administrative Legitimacy

Hyperdepoliticization

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