Law JournalFeeds

This Article describes the evolution of the public corporation’s role in the criminal justice process—from potential defendant to “branch office of the prosecutor,” partnering with the government in investigating business crime—and assesses the impact of this evolution on criminal justice policy.
The first part of the Article describes the branch-office role, tracing its development back to [...]

Embedded advertising –marketing that promotes brands from within entertainment content—is a thriving, rapidly changing practice. Analysts estimate that embedded advertising expenditures will exceed $10 billion in 2010. The market continues to grow even as traditional advertising revenues contract. The relatively few legal scholars who have studied embedded advertising believe that it is under-regulated. Ineffective regulation, [...]

This Article explores a significant market-based threat to the Truth in Lending Act’s (TILA) right of rescission, a remedy that attempts to deter lender overreaching and fraud during one of the most complex financial transactions of a consumer’s lifetime. The depressed housing market has substantially impaired many borrowers’ ability to fulfill their responsibilities in [...]

In January 2008, the Supreme Court of North Carolina was poised to review two medical malpractice cases, O’Mara v. Wake Forest University Health Sciences and Crocker v. Roethling. The court was reviewing each case on the issue of whether an expert witness was appropriately qualified to testify on the relevant standard of [...]

In the midst of the Monica Lewinsky scandal surrounding President Clinton’s impeachment, the media made much of his statement calling into question the definition of one of the most basic words in the English language. In fact, the exact meaning of the word was critical in determining whether the President had perjured himself before [...]

In his seminal work on the functions of the federal judiciary, Alexander M. Bickel advocated what he called the “passive virtues” of judicial restraint and the avoidance of unnecessary constitutional decision-making. The avoidance doctrine is a prudential principle that instructs federal courts to refrain from ruling on a constitutional issue if non-constitutional grounds exist [...]

The conditions that led to the adoption of section 10(b) of the Securities Exchange Act of 1934 are eerily evocative of the atmosphere currently plaguing the national economy. Since 2008 the United States has suffered through a stock market crash, an economic downturn, and a loss of investor confidence–all market conditions that starkly [...]