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Articles 1 - 13 of 13
Full-Text Articles in Law
Breach Of Confidence - The Need For A New Tort - Watts V. Cumberland County Hospital System, Kathryn B. Remick
Breach Of Confidence - The Need For A New Tort - Watts V. Cumberland County Hospital System, Kathryn B. Remick
Campbell Law Review
The right to redress wrongfully disclosed confidences through a separate breach of confidence tort is the topic of this Note. Not all disclosures are actionable wrongs. This Note will deal mainly with extrajudicial disclosures of customarily confidential information and will touch only superficially on testimonial privileges. This Note also will examine the inadequacies of theories advanced by many courts thus far as remedies for wrongful disclosures and the justification for the development of a separate breach of confidence tort in North Carolina.
Symposium Address: Racial Justice In The 1980s, Julius L. Chambers
Symposium Address: Racial Justice In The 1980s, Julius L. Chambers
Campbell Law Review
No abstract provided.
Constitutional Law - Moment Of Silence Statutes May Threaten The Wall Of Separation Between Church And State - Wallace V. Jaffree, Valerie B. Spalding
Constitutional Law - Moment Of Silence Statutes May Threaten The Wall Of Separation Between Church And State - Wallace V. Jaffree, Valerie B. Spalding
Campbell Law Review
This Note will trace the Supreme Court's treatment of prayer in the public schools. It will then explore the parameters laid out in Jaffree and demonstrate that the Supreme Court has relaxed its rigid attitude towards prayer in the public schools. Finally, the Note will apply the Jaffree parameters to North Carolina's new "Moment of Silence" statute.
Beauty Conquers The First Amendment - Members Of The City Of Los Angeles V. Taxpayers For Vincent, Elaine J. Strickland
Beauty Conquers The First Amendment - Members Of The City Of Los Angeles V. Taxpayers For Vincent, Elaine J. Strickland
Campbell Law Review
This note will demonstrate that Taxpayers may too easily empower local governments to ban "unpleasant formats" of communication in their efforts to beautify the community without first offering sufficient evidence that the infringement on the first amendment is necessary.
Criminal Procedure - The Admissibility Of Evidence Obtained Through Hypnosis - State V. Peoples, Sharon L. Hartman
Criminal Procedure - The Admissibility Of Evidence Obtained Through Hypnosis - State V. Peoples, Sharon L. Hartman
Campbell Law Review
This Note examines the problems bearing on admissibility of hypnotically induced or refreshed testimony in view of the literature discussing the effects of hypnosis on the witness. It focuses on whether the rule on inadmissibility adopted in Peoples should be a per se rule or should be subject to limited exceptions. Finally it considers the effect of the decision on criminal investigations and law enforcement.
Some Practical Implications Of Civil Rico Cases, William Woodward Webb, Kevin P. Roddy
Some Practical Implications Of Civil Rico Cases, William Woodward Webb, Kevin P. Roddy
Campbell Law Review
Enacted as Title IX of the Organized Crime Control Act of 1970, the Racketeer Influenced and Corrupt Organizations Act (commonly known by the appellation "RICO" or "The RICO Act") was the end product of a lengthy legislative effort to develop new legal remedies to deal with the problem of organized crime. In recent years, however, the statute has become the focus of controversy as plaintiffs, compelled by the possibility of winning treble damages and attorney's fees, have sought to apply the civil remedies provision of the Act to all types of cases, including those involving what might be termed "garden …
Symposium Address: The Death Penalty In North Carolina, The Hon. James G. Exum Jr.
Symposium Address: The Death Penalty In North Carolina, The Hon. James G. Exum Jr.
Campbell Law Review
No abstract provided.
Prosecutorial Abuse Of Peremptory Challenges In Death Penalty Litigation: Some Constitutional And Ethical Considerations, Stephen P. Lindsay
Prosecutorial Abuse Of Peremptory Challenges In Death Penalty Litigation: Some Constitutional And Ethical Considerations, Stephen P. Lindsay
Campbell Law Review
With North Carolinians heavily favoring the death penalty, and executions in our state becoming more frequent in recent years, our obligation as lawyers and laypersons to ensure that the constitutional rights of death penalty defendants are preserved is taking on added significance. One practice which deserves close scrutiny is prosecutorial use of peremptory challenges.
The Contingent Fee Contract In Domestic Relations Cases - Thompson V. Thompson, Timothy H. Graham
The Contingent Fee Contract In Domestic Relations Cases - Thompson V. Thompson, Timothy H. Graham
Campbell Law Review
This Note will sketch the background of the contingent fee in North Carolina and then examine contingent fee agreements in domestic relations actions in other jurisdictions. The Note will then examine the Thompson court's holding and look at some unanswered questions. The Note concludes that, based on the public policy of North Carolina and of the majority of other jurisdictions, the court reached the correct decision in holding that contingent fee contracts in domestic relations actions are against public policy.
Classification Of Unsecured Claims In Chapter 13 Of The Bankruptcy Reform Act Of 1978: What Is Fair?, James B. Mclaughlin Jr., Robert W. Nelms
Classification Of Unsecured Claims In Chapter 13 Of The Bankruptcy Reform Act Of 1978: What Is Fair?, James B. Mclaughlin Jr., Robert W. Nelms
Campbell Law Review
The subject of the classification of unsecured claims in Chapter 13 is a subject which has been written about before. There have also been several informative and well written articles dealing with Chapter 13 in general, which also refer to the problem of classification of claims in Chapter 13. This article will not attempt to reiterate the principles and concepts stated in those articles.
Contract Law - Fixed Price Option Vs. Right Of First Refusal: Construction Of A Dual Option Lease - Texaco, Inc. V. Creel, Mark Scruggs
Contract Law - Fixed Price Option Vs. Right Of First Refusal: Construction Of A Dual Option Lease - Texaco, Inc. V. Creel, Mark Scruggs
Campbell Law Review
This note focuses on the proper interpretation of what has been referred to as a dual option lease; that is, a lease containing both an option to purchase at a fixed price and a right of first refusal. The issue is the relationship between the fixed price option and the right of first refusal. Does the lessee's failure to exercise the right of first refusal extinguish his rights under the fixed price option, effectively forcing him to meet any bona fide third party offer or risk the loss of his investment? Or, are the two provisions independent of each other; …
Antitrust - Repudiation Of The Intraenterprise Conspiracy Doctrine - Copperweld Corp. V. Independence Tube Corp., Ellen M. Gregg
Antitrust - Repudiation Of The Intraenterprise Conspiracy Doctrine - Copperweld Corp. V. Independence Tube Corp., Ellen M. Gregg
Campbell Law Review
The purpose of this Note is to examine the effects of the Copperweld holding on antitrust regulation and enforcement. The Note traces the development of the intraenterprise conspiracy doctrine and assesses its impact on past antitrust actions. It also addresses the question of whether the repudiation of the intraenterprise conspiracy doctrine will weaken antitrust enforcement in the corporate arena. The Copperweld Court concludes that its decision will not cripple antitrust enforcement due to the existence of other policing measures. The Note will suggest, however, that in the Copperweld decision, the majority displayed an alarming willingness to elevate form over substance …
Betsey V. Turtle Creek Associates: All-Adult Housing Policy May Violate The Fair Housing Act, J. Michael Mcguinness
Betsey V. Turtle Creek Associates: All-Adult Housing Policy May Violate The Fair Housing Act, J. Michael Mcguinness
Campbell Law Review
This article will focus on Betsey and its implications. It discusses standard of proof problems and sets forth alternative methods of establishing a prima facie case of housing discrimination under the Fair Housing Act.