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Full-Text Articles in Law

Public Education, Local Authority, And Democracy: The Implied Power Of North Carolina Counties To Impose School Impact Fees, Michael F. Roessler Jan 2010

Public Education, Local Authority, And Democracy: The Implied Power Of North Carolina Counties To Impose School Impact Fees, Michael F. Roessler

Campbell Law Review

This Article examines the authority of counties in North Carolina to impose fees such as those attempted in Durham and Union Counties and concludes, contrary to the decisions of the court of appeals, that counties do have the implied authority under existing law to impose such fees for the purpose of generating school construction revenue. This conclusion is reached not by a mechanistic application of rules of law, but with an application of the law that keeps in mind the aim of the North Carolina Constitution, the state's form of government, and the laws that distribute power to local governments. …


Loose Lips Won't Sink Ships: Federal Education Rights To Privacy Act After Gonzaga V. Doe, D. Martin Warf Apr 2003

Loose Lips Won't Sink Ships: Federal Education Rights To Privacy Act After Gonzaga V. Doe, D. Martin Warf

Campbell Law Review

No abstract provided.


Making Specimen Cups As Normal As Prom Night: The Implications Of Board Of Education V. Earls On Public Schools Across The Nation, Caroline Slater Burnette Oct 2002

Making Specimen Cups As Normal As Prom Night: The Implications Of Board Of Education V. Earls On Public Schools Across The Nation, Caroline Slater Burnette

Campbell Law Review

No abstract provided.


The Use Of Race In The Admissions Programs Of Higher Educational Institutions - A Violation Of The Equal Protection Clause?, Kevin Joyner Jan 1997

The Use Of Race In The Admissions Programs Of Higher Educational Institutions - A Violation Of The Equal Protection Clause?, Kevin Joyner

Campbell Law Review

This Note examines the burden placed on educational institutions to justify race-conscious admissions programs in light of the Equal Protection Clause. First, this note reviews the facts of the case and the decision in Hopwood. Next, this note provides a background of the law applicable to race-conscious programs by examining: (1) University of California v. Bakke; (2) the underlying theories of interpreting the Fourteenth Amendment; (3) the strict scrutiny standard of review; and (4) the Fourth Circuit's 1994 decision to invalidate a university's race-conscious scholarship program in Podberesky v. Kirwan. Finally, this note analyzes the decision by the Fifth Circuit. …


"Student-Initiated" Prayer: Assessing The Newest Initiatives To Return Prayer To The Public Schools, Jessica Smith Jan 1996

"Student-Initiated" Prayer: Assessing The Newest Initiatives To Return Prayer To The Public Schools, Jessica Smith

Campbell Law Review

Section I of this article discusses the impetus for the recent spate of "student-initiated" prayer statutes, guidelines, and policies. The discussion includes a summary of existing provisions as well as detailed accounts of the history and development of two "student-initiated" prayer efforts. These accounts, which chronicle the development of initiatives in Florida and Mississippi, expose the ruse of "student-initiated" prayer. The accounts demonstrate that regardless of how the initiatives were promoted or disguised, their true purpose was not to protect students' rights of free speech and free exercise but to promote prayer. Section II challenges the new initiatives on constitutional …


State V. Pendleton: Impermissible Delegations To Religious Institutions: Is Campbell University An Armed Church?, Stephen See Jan 1996

State V. Pendleton: Impermissible Delegations To Religious Institutions: Is Campbell University An Armed Church?, Stephen See

Campbell Law Review

This note will review the North Carolina Supreme Court's use and interpretation of Larkin and compare it with the interpretation of Larkin by other courts in cases that specifically follow Larkin.


Constitutional Rights Of Students, Their Families, And Teachers In The Public Schools, Norman B. Smith Jan 1988

Constitutional Rights Of Students, Their Families, And Teachers In The Public Schools, Norman B. Smith

Campbell Law Review

This article searches for resolutions of constitutional conflicts, not only between the state as public school administrator and individual students, parents, and teachers, but also among the competing constitutional demands of the individuals whose interests are affected by the system of public education. Part II of this article addresses the public interests and values in which the educational system is rooted. Part III identifies and discusses the first amendment rights at stake in public education: freedom of expression; the right to receive communication; freedom of religion; and the protection against establishment of religion and familial childrearing rights. Part IV contains …