Law Commons^™

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 …

Digital Patent Infringement In An Era Of 3d Printing, Lucas S. Osborn, Timothy R. Holbrook

Scholarly Works

The digital revolution has now moved beyond music and video files. A person can now translate three-dimensional objects into digital files and, at the press of a button, recreate those items via a 3D printer or similar device. Just as digitization placed pressure on the copyright system, so will these digital computer-aided design (“CAD”) files stress the patent system. Patents directed to physical objects can now have their value appropriated not only by the transfer of physical embodiments but also by the transferring of CAD files designed to print the invention. We term this phenomenon digital patent infringement.

In this …

Making Space For Good Things To Happen: A Restorative Approach To The School To Prison Pipeline, Jon Powell

Scholarly Works

No abstract provided.

Redefining Attention (And Revamping The Legal Profession?) For The Digital Generation, Lauren A. Newell

Scholarly Works

No abstract provided.

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The Bottom Of The Iceberg: Unpublished Opinions, Donna S. Stroud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Most federal intermediate appellate court opinions are “unpublished”— they have no precedential value, even though they are readily available in online databases.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 If a court’s decisions not to publish are based on factors relevant to behavioral research, exclusion of unpublished opinions may skew the results. Currently, the United States Court of Appeals for the Seventh Circuit has the lowest percentage of unpublished opinions, while the United States Court of Appeals for the Fourth Circuit has one of the highest rates of unpublished opinions.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.

Re-Examining Reasonableness: Negligence Liability In Adult Defendants With Cognitive Disabilities, Johnny Chriscoe, Lisa Lukasik

Scholarly Works

No abstract provided.

A Case For Weakening Patent Rights, Lucas S. Osborn, Joshua M. Pearce, Amberlee Haselhuhn

Scholarly Works

This Article contributes to the patent debate by observing that new and emerging technologies are radically altering the relative costs and benefits of the patent system. Although analysts cannot measure the patent system's numerous absolute costs and benefits, this Article demonstrates that new and emerging technologies are significantly reducing the research, development, and commercialization costs ("innovation costs") that are used by adherents to the incentive and prospect theories to justify the patent system's existence. All things being equal, if significantly, the relative need for the patent system has decreased and will continue to decrease. Thus, this Article argues that patents …

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.

The Disguise Of Municipal Bonds: How A Safe Bet In Investing Can Become An Unexpected Uncertainty During Municipal Bankruptcy, Maryjane Richardson

Campbell Law Review

No abstract provided.

Revisiting The North Carolina Business Court After Twenty Years, Gregory Day

Campbell Law Review

Over the past two decades, almost half of all states have enacted business courts to assume jurisdiction over locally arising business disputes. Advocates of these new courts assert that by trying business disputes in a specialized forum using an expert jurist, these venues should improve the adjudication of local business conflicts, while developing the states’ business climate. Considering that a majority of Fortune 500 companies are incorporated in Delaware, where the state’s esteemed Court of Chancery hears all local corporate disputes, out-of-state businesses may become more likely to incorporate or relocate to a state that has enacted a business court. …

Salvaging The North Carolina Teacher-Cyberbullying Statute, James L. Seay Iii

Campbell Law Review

In 2012, the North Carolina General Assembly criminalized student Internet activity intended to “torment” school employees. This Comment contends that the legislation violates the First and Fourteenth Amendments. It violates the First Amendment because it creates both subject matter and viewpoint limitations on speech. It violates the Fourteenth Amendment because the requirement that the student must intend to “torment” a school employee creates an impermissibly vague standard. This Comment suggests that the North Carolina General Assembly could correct the constitutional deficiencies in the legislation through revisions that limit punishment to “true threats.” Such revisions would reign in the broad coverage …

A Remedy For Online Exposure: Recognizing The Public-Disclosure Tort In North Carolina, C. Calhoun Walters

Campbell Law Review

North Carolina is one of only a few jurisdictions that does not recognize the tort of public disclosure of private facts—a civil remedy that protects against the offensive and unauthorized publication of private information that is not of legitimate public concern. The absence of this tort has created a gap in privacy protection in the state that is increasingly problematic with the rise of revenge porn and other online injuries made possible by the widespread use of the Internet and online social networking sites. This Comment specifically explores how recognition of the tort of public disclosure of private facts in …