Law Commons^™

Divine Intervention Or Unfair Influence? A Closer Look At Bibles In The Jury Room, Sarah E. Summa

Campbell Law Review

The Fourth Circuit allows jurors to bring Bibles into the jury room and reference them during deliberations. A seemingly innocent action actually denies the accused his right to a fair and impartial jury. When jurors put too much weight on the Bible’s passages about judgment, jurors risk overlooking the evidence and instead making decisions based on isolated verses. By generally allowing a Bible in the deliberation room, the Fourth Circuit opens the door to other religious texts coming into deliberations. Further, the Fourth Circuit blurs the line demarcating external and internal influences, risking the introduction of other external influences that …

Agriculture On The Move: Proposed Actions To Bolster Local Food Systems, Kathrynn D. Johnston

Campbell Law Review

A movement to consume fewer processed goods and obtain food from local and regional sources has gained popularity in the last two decades. Local food systems offer several benefits; however, they are not wellsupported by the federal government. The USDA has administered a system of federal agricultural subsidies for nearly a century, but that system powerfully supports a limited group, usually the largest industrial farms growing a small number of crops—none of which include fruits and vegetables. Correspondingly, consumers have gradually shifted their diets to incorporate increasing amounts of subsidized crops and those crops’ byproducts to the detriment of overall …

After All This Time: An Analysis Of The Recent Trend To Extend Truth-In-Lending-Style Disclosures To Commercial-Financing Transactions, Kelly W. Cline

Campbell Law Review

The Truth in Lending Act of 1968 (TILA) was designed to protect consumers by implementing uniform disclosures for consumer financing transactions and by creating substantive consumer protections. While TILA has been amended over the past fifty years to reflect modern needs, it has always remained a consumer financing law. Over the past few years, however, states have challenged that notion by passing laws which require TILA-inspired disclosures for certain commercial-financing trans-actions. And at the federal level, a bill was introduced in the United States House of Representatives (House Bill) that would expand TILA to commercial-financing transactions falling below a certain …

Restoring Balance To The Federal Tax-Exemption Regime’S Treatment Of Hospitals: Let Their Actions Speak Louder Than Their Charters, Nicholas Archibald

Campbell Law Review

The tax-exemption system for American hospitals was created both to optimize care for those who cannot afford it and to encourage good deeds by hospitals. But despite well-intentioned attempts by the IRS to implement these lofty policy goals, for-profit hospitals today pay taxes despite at times providing more public benefit than their nonprofit brethren while nonprofit hospitals are incentivized to seek profit rather than provide free care. This rise of this state of affairs coincides with changes by the IRS to the standards required to obtain the exemption. Originally, the nonprofit system operated on a quid pro quo model, where …

Trafficking-In And Harvesting Tax Benefits May Be Subject To Restrictions And Limitations, Ray A. Knight, Dr. Lee G. Knight

Campbell Law Review

Trafficking in and harvesting preexisting or manufactured tax losses and credits may be both beneficial and lucrative, but it may be subject to restrictions and limitations. Internal Revenue Code (“IRC”) Section 269 generally provides that acquisition of control of a corporation to gain the benefit of a deduction, credit, or other allowance is prohibited. Does the Section 269 prohibition present a concrete barrier or is it just a smoke screen? This article examines the business purpose and economic substance doctrines to explain ways to circumvent Section 269. Then, this article analyzes IRC Section 382 to describe its impact and limitations …

No-Knock Warrants: Protective Or Predatory For North Carolinians?, Micah Mooring

Campbell Law Review

Much ink has been spilled on arguments for restraining law enforcement’s use of no-knock warrants. In 2020, the issue was thrust into the national spotlight with the tragic death of Breonna Taylor at the hands of the Louisville Metro Police Department. While national attention focused on the federal response, Oregon, Florida, Virginia, and other states sprang into action by critically reexamining the justifications offered for the use of no-knock warrants and, in some cases, finding these justifications wanting. The Comment suggests that the justification of safety that no-knock warrants share with their predecessor, the venerable knock-and-announce rule, is not borne …

A Called Third Strike: Professional Baseball’S Antitrust Exemption In A Post-Dobbs World, Matthew B. Couch

Campbell Law Review

Professional baseball has long enjoyed exemption from federal antitrust law due to a trio of Supreme Court cases. The last of these cases, Flood v. Kuhn, upheld the exemption on the basis of stare decisis, yet rejected the constitutional foundation on which it rested. This Comment argues that in the wake of the recent Supreme Court case, Dobbs v. Jackson Women’s Health Organization, the Roberts Court has provided a clear analytical framework for analyzing constitutional stare decisis that should apply to Flood. Applying the Dobbs framework, this Comment then shows how Flood fails every factor favoring continued …

Cold Cases And Serial Offenders: A Case Study Examining Practical And Legal Issues That Can Make Or Break Prosecutions, Michael C. Kovac

Campbell Law Review

As technological advancements increase the probative value of DNA evidence (by revealing matches between suspects and evidence that could not be made with the use of older technology), cold case prosecutions will likely increase. At the same time, while DNA evidence can often lead to the identification of a guilty suspect, the prosecution of that suspect may be challenging, if not impossible. Some of these crimes were committed before DNA was used—or even considered—as an investigative tool. Oftentimes, rules governing the admissibility of evidence in such cases were drafted by individuals who likely (and quite reasonably) never contemplated the possibility …

A Room Without A View(Point): Must Student-Housing Employees Trade Free Speech For Free Rent?, Frank D. Lomonte, Conner Mitchell

Campbell Law Review

The COVID-19 pandemic exposed the power that public university speech policies have to silence students. Although few people were better suited to provide a candid assessment to the media of student safety in on-campus housing than resident assistants, all too often these student employees were forbidden from speaking openly, or at all. To understand the scope of these prohibitions on speech, researchers using freedom-of-information law obtained employment manuals, policies, and guidelines from a wide cross-section of public universities. This Article analyzes the language used in a sample of these materials and concludes that while these speech policies often - and …

Vaccine Passports And The Right To Exclude: How The Court’S Holding In Cedar Point Nursery V. Hassid Could Light Fire To The Debate On The Constitutionality Of Vaccine Passport Requirements And Bans, John A. Kuzora

Campbell Law Review

The COVID-19 pandemic gave America its biggest health crisis in the last one hundred years. In efforts to resolve this crisis, several state governments have issued various types of public health measures. Three of these measures are Vaccine Mandates, Vaccine Passport Requirements, and Vaccine Passport Bans. This Comment explores the legality of these three public health measures through the unique lens of the Fifth Amendment Takings Clause. Specifically, this Comment focuses on how both Vaccine Passport Requirements and Bans infringe on property owners’ rights to include and exclude unvaccinated patrons. This, in turn, results in a physical taking under the …

On-Campus Or Off-Campus? - That Is Still The Question: Mahanoy Area Sch. Dist. V. B.L. And The Supreme Court’S New Digital Frontier, Kristopher L. Caudle

Campbell Law Review

This Article examines the contours of the “on-campus” versus “off-campus” distinction embedded in the Supreme Court’s opinion in Mahoney School District v. B.L. This Article argues that B.L., and the Court’s broader Tinker doctrine, fail to adequately address modern student speech issues, especially student speech arising in extracurricular programs and activities. This Article proposes a two-part legal framework for future courts to analyze student speech issues in an increasingly digital post-pandemic world.

Heller After Ten Years, E. Gregory Wallace

Campbell Law Review

No abstract provided.

The First Congressional Debate On Public Carry And What It Tells Us About Firearm Regionalism, Mark Anthony Frassetto

Campbell Law Review

In the aftermath of District of Columbia v. Heller, a prominent issue remains unresolved: whether, or to what extent, the Second Amendment protects an individual right to keep and bear arms outside of the home. This Article explores this unresolved issue through a newly uncovered source, the congressional debates surrounding the District of Columbia's public carry law in the 1890s.

These debates provide new insights into the understanding of the right to keep and bear arms in the years following the drafting and ratification of the Fourteenth Amendment. Two conclusions can be drawn from the debate. First, there was no …

Public Confidence In The Courts In The Internet Age: The Ethical Landscape For Judges In The Post-Watergate Age, Carolyn A. Dubay

Campbell Law Review

Promoting and protecting public confidence in government institutions is central to continued faith in the rule of law. As a result, when personal scandals or internal failures threaten public trust in government institutions, policy makers have been quick to respond with new measures to increase accountability for misconduct. In the twentieth century, the Watergate scandal of the early 1970s led to significant changes in accountability for misconduct by high-level public officials and in the legal profession generally. For judges, in the years just prior to Watergate, high-profile scandals involving federal judges also led to significant changes in the regulation of …

Style, Substance, And The Right To Keep And Bear Assault Weapons, Allen Rostron

Campbell Law Review

Assault weapons have long been a subject of intense controversy. The debate has intensified in recent years after a series of mass shootings in which perpetrators used AR-15 rifles or other military-style weapons, such as the shootings in Newtown, Aurora, San Bernardino, Orlando, Las Vegas, Sutherland Springs, and Parkland While the federal assault weapon ban has expired, some state legislatures have enacted bans. Critics complain that these laws irrationally condemn certain types of firearms simply because they have a military appearance. Gun control advocates argue that these laws are not just about superficial appearances and that the banned weapons are …

Redefining Trade Secrets In North Carolina, Christopher A. Moore

Campbell Law Review

North Carolina has a trade secrets problem, and it resides at the most elementary part of the doctrine: the definition. In the North Carolina Trade Secrets Protection Act, the general assembly established an elemental, two-prong test for identifying a trade secret. Courts adjudicating trade secrets cases, however, have strayed from this definition, instead applying a six-factor balancing test that common law courts used before enactment of statutory trade secret definitions. This bifurcated development has not only created an inconsistent jurisprudence-it has also cultivated fundamental problems in the North Carolina legal system. Namely, North Carolina courts have infringed on the province …

From Secret White House Recordings To @Realdonaldtrump: The Democratic Value Of Presidential Tweets, Douglas B. Mckechnie

Campbell Law Review

Modern US. presidents have chosen their words meticulously and deliberately, with the assistance of aides and speechwriters, all with a view toward how their message would be delivered and understood. Rarely has the electorate had access to the unvarnished thoughts of a president. At times, secretly recorded conversations in the White House have allowed Americans to hear the unabashed thoughts of various presidents. However, save for the Watergate scandal, those recordings had no immediate, discernible democratic impact because they were released years after the presidents' words were recorded. The recordings are noteworthy because they capture presidents' musings in the private …

Liberty Is Not Loco-Motion: Obergefell And The Originalists' Due Process Fallacy, Andrew T. Bodoh

Campbell Law Review

In an effort to discredit substantive due process, originalists often misinterpret the federal Due Process Clauses. Justice Clarence Thomas's Obergefell v. Hodges dissent illustrates this. In this dissent, Justice Thomas cites Blackstone's Commentaries to argue that Due Process "liberty" is merely freedom from physical restraint, what Blackstone describes as the power of "loco-motion."

This Article challenges Justice Thomas's narrow view of Due Process liberty from Obergefell v. Hodges on its own terms. It distills from the dissent and its sources five assumptions or premises supporting Justice Thomas's view, and it confronts each of these with contrary evidence from the historical …

Patch By Patch: North Carolina's Crazy Quilt Of Campaign Finance Regulations, Anna V. Stearns

Campbell Law Review

After more than a decade of judicial intervention and legislative reforms, North Carolina's campaign finance laws resemble a crazy quilt - a patchwork of provisions pieced together from remnants and scraps. The law is a dizzying array of proscriptions, requirements, and exceptions, sometimes based on speaker identity and sometimes based on the content or context of the political message. This quilt is what remained after the Fourth Circuit's strained and confusing decision in North Carolina Right to Life, Inc. v. Leake, decided in 2008, immediately following the Supreme Court's landmark decision in McConnell v. FEC. This Comment evaluates and summarizes …

Reading, 'Riting, And Regulating Speech: Why Schools Can't Punish Off-Campus Speech And How The North Carolina Legislature Has Tried To Fill The Gaps, Hannah Wallace

Campbell Law Review

The intersection between school discipline and free speech has sparked debates over how far a school's authority extends beyond campus. The internet and the nationwide conversation about cyberbullying have only magnified the debate. In Tinker v. Des Moines, the Supreme Court recognized that students do retain their First Amendment rights while under the school's authority. The Court then went on to hold that a school can punish a student for his or her on-campus speech if the speech causes a substantial or material disruption to school activities or if the speech invades the rights of another student. Whether this test …

Resolving Llc Member Disputes In North Carolina, James R. Burkhard

Campbell Law Review

North Carolina has a new LLC act. If LLC members assert that the managers or controlling members have in some manner breached fiduciary or contractual duties owed to the complaining members or to the LLC, how will lawyers handle such claims? This Article first considers the circumstances in which North Carolina LLC managers and members may owe fiduciary duties to other members. Assuming that there is a duty that may have been breached, what are the limits on a member bringing a direct suit either on her own behalf or on behalf of the LLC? Since direct suits will now …

Fair And Unfair Discrimination In Municipal Bankruptcy, Richard M. Hynes, Steven D. Walt

Campbell Law Review

No abstract provided.

The Bottom Of The Iceberg: Unpublished Opinions, Donna S. Stroud

Campbell Law Review

Most federal intermediate appellate court opinions are “unpublished”— they have no precedential value, even though they are readily available in online databases. Most research on judicial behavior is based on analyses of published opinions. If a court’s decisions not to publish are based on factors relevant to behavioral research, exclusion of unpublished opinions may skew the results. Currently, the United States Court of Appeals for the Seventh Circuit has the lowest percentage of unpublished opinions, while the United States Court of Appeals for the Fourth Circuit has one of the highest rates of unpublished opinions. Do the differences in publication …

Chapter 9 Plan Confirmation Standards And The Role Of State Choices, Juliet M. Moringiello

Campbell Law Review

No abstract provided.

Consent: Its Scope, Blips, Blemishes, And A Bekins Extrapolation Too Far (Keynote Address), Hon. Thomas B. Bennett

Campbell Law Review

No abstract provided.

Is The § 943(B)(7) Feasibility Requirement Feasible? Why Congress Should Clarify Its Chapter 9 Bankruptcy Plan Requirements, Anderson M. Shackelford

Campbell Law Review

No abstract provided.

Interest Follows Principal: Why North Carolina Should Pay Interest On Unclaimed Personal Property, John V. Orth

Campbell Law Review

No abstract provided.

Who Bears The Burden? The Place For Participation Of Municipal Residents In Chapter 9, C. Scott Pryor

Campbell Law Review

No abstract provided.

Symposium Foreword, J. Rich Leonard

Campbell Law Review

No abstract provided.

Positive Liberty In Public Finance: State Oversight Of Local-Government Debt And The North Carolina Model, Adam C. Parker

Campbell Law Review

No abstract provided.