Paradigms of Plagiarism: Fair Use and Plagiarism Detection Software in A.V. ex rel. Vanderhye v. iParadigms, LLC

Multiple surveys taken over the past four years indicate that a large portion of undergraduate students at America’s colleges and universities admit to cheating on a college exam or assignment.  In fact, in one survey, over fifty percent of college students confessed to having plagiarized from the Internet.  As information has become easier to access, [...]

Innocense Unmodified

The Innocence Movement has participated in deconstructing the concept of “innocence” into “actual” and “legal” innocence. Because the Innocence Movement has focused on defendants who did not commit the actions underlying their convictions, courts, lawyers, and the larger society have come to believe that a person is wrongly convicted of a crime only if the [...]



Private Plea Bargains

This article analyzes the phenomenon of private criminal settlements; that is, settlements in which the victim or witness agrees not to report the perpetrator to the police in exchange for some consideration on the part of the perpetrator. The article first examines why these settlements occur and then determines whether they should be permitted.
There are [...]

The Public Choice Problem in Corporate Law: Corporate Social Responsibility After Citizens United

The Supreme Court recently held in Citizens United v. Federal Elections Commission (2010) that the First Amendment forbids Congress from restricting the political speech of corporations. While corporate theory did little to inform the Court’s thinking in Citizens United, this Article argues that the holding in Citizens United requires us to rethink corporate theory. The [...]

Here Is the Church, Where Is the Steeple: Foundation of Human Understanding v. United States

Advancements in technology and communication have brought remarkable changes to the way the world interacts: the socially frustrated—exhausted by traditional dating—seek relationships online;  video chats replace phone calls;  and videoconferencing allows businesses to conduct meetings virtually in-person from countries apart.  In almost every realm of Americans’ personal and business lives, technology has expanded their reach [...]



Dynamic Federalism and Consumer Financial Protection: How the Dodd-Frank Act Changes the Preemption Debate

In the fall of 2008, at the peak of the financial crisis, Oren Bar-Gill and Elizabeth Warren published a law review article proposing the creation of a new federal agency charged with protecting consumers from dangerous lending practices.  Fewer than two years later, in response to the most serious challenge to the United States financial [...]

North Carolina’s Arrested Development: Fourth Amendment Problems in the DNA Database Act of 2010

Most Americans can probably hum a few bars of the theme song to one of television’s most successful franchises: Law & Order. Watching the ever-cynical Detective Briscoe investigate crimes alongside the good-looking Detective Logan made viewers root for police to catch New York City’s criminals. Sometimes, the “bad guys” won when the judge excluded the [...]

Regulation Without Agency: A Practical Response to Private Policing in United States v. Day

The popular image of the “mall cop” has created a comical caricature of private police, or security officers, for many individuals. Actor Kevin James exemplifies this image through his portrayal of a mall security guard in the movie Paul Blart: Mall Cop in which his own self-doubt marginalizes his profession when he responds to his [...]

Diversity and Corporate Performance: A Review of the Psychological Literature

This Review examines two approaches to diversity management in the context of procedural justice theory: 1) maximizing the benefit of diversity in the workplace and 2) minimizing any potential harm. With regard to the former, this Review argues that the application of procedural justice theory will create conditions under which employees of all backgrounds feel [...]

The Milieu of the Boardroom and the Precinct of Employment [Commentary]

This Commentary explores differences between employer-employee relationships and service on a board of directors. Against this backdrop, this Commentary argues that the research findings surveyed by Brooke and Tyler, although specific to the [...]