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Articles 1 - 21 of 21
Full-Text Articles in Law
The American Medical Association Vs. The American Tort System, Jeff Essen, Lisa Aldred
The American Medical Association Vs. The American Tort System, Jeff Essen, Lisa Aldred
Campbell Law Review
No abstract provided.
Offer To Purchase And Contract: Buyer Beware, Lisa Ann Finger
Offer To Purchase And Contract: Buyer Beware, Lisa Ann Finger
Campbell Law Review
The purpose of this comment is to closely examine the current "Offer to Purchase and Contract" in the context of a typical real estate transaction, to evaluate its important provisions, to determine whether any of its provisions are inequitable, and if so, how these inequitable provisions could be reformed. This comment will also cover applicable North Carolina law and discuss how the form should be completed to comply with the applicable law to avoid later confusion and litigation. The first section of this comment will examine the front side of the form; it will explain how to properly complete the …
The Dual Sovereignty Doctrine Extended To Successive State Prosecutions - Heath V. Alabama, Clifton Walker Homesley
The Dual Sovereignty Doctrine Extended To Successive State Prosecutions - Heath V. Alabama, Clifton Walker Homesley
Campbell Law Review
The purpose of this note is to emphasize that while the dual sovereignty doctrine is legally sound in its application to successive prosecutions by different states, care must be taken to prevent abuse of the doctrine. This note proposes that individual states develop consistent policies to deal with the unique situation in which the facts of the case allow for the possibility of successive prosecutions. By doing this, the states can assure that the operation of the doctrine will not result in an injustice to the defendant.
Using The Fair Sentencing Act To Protect The Criminal Defendant, Valerie B. Spalding
Using The Fair Sentencing Act To Protect The Criminal Defendant, Valerie B. Spalding
Campbell Law Review
This Survey provides a guide to defense attorneys who must deal with the statutory aggravating and mitigating factors set out in the Fair Sentencing Act. The Survey reviews the major cases handed down by the North Carolina Supreme Court since the Act was passed. It then concentrates on all cases from the appellate courts from August 1981 through August 1986, with a view to analyzing each aggravating and mitigating factor. The Survey seeks to show what factors are most likely to result in a remand for resentencing on appeal, and what elements each factor should contain for a successful appeal.
Criminal Procedure - Defendant's Due Process Right To A Psychiatric Expert - Ake V. Oklahoma, William D. Auman
Criminal Procedure - Defendant's Due Process Right To A Psychiatric Expert - Ake V. Oklahoma, William D. Auman
Campbell Law Review
This note analyzes the public policy implications of the Ake decision while considering the resulting impact on North Carolina. The note also evaluates the soundness of the decision with respect to the requirement of a preliminary showing. Finally, recommendations for implementing the Ake rule are discussed while examining whether "access to a competent psychiatrist" is in fact a standard of constitutional disadvantage for the indigent criminal defendant.
Obscenity: The Justices' (Not So) New Robes, Michael Kent Curtis
Obscenity: The Justices' (Not So) New Robes, Michael Kent Curtis
Campbell Law Review
The first portion of this article examines obscenity regulation both in the federal arena and in North Carolina and looks briefly at how we got to where we are today. The second part examines the current North Carolina statute and the constitutional problems which are inextricably connected with it. The final section considers directions that the courts (or legislature) should take in consideration of the new North Carolina statute.
The North Carolina Farm Machinery Franchise Act: Its Provisions, Context And Contribution To The Law Of Franchising, Paul C. Ridgeway
The North Carolina Farm Machinery Franchise Act: Its Provisions, Context And Contribution To The Law Of Franchising, Paul C. Ridgeway
Campbell Law Review
This comment examines the FMFA as it applies to the agricultural implement industry as well as its context in regard to the generic franchise relationship. The provisions of the Act are set forth and discussed. Finally, certain provisions of the Act are critically examined and potential interpretations are offered.
Practice And Procedure Under Amended Rule 11 Of The Federal Rules Of Civil Procedure, Kevin P. Roddy, William Woodward Webb
Practice And Procedure Under Amended Rule 11 Of The Federal Rules Of Civil Procedure, Kevin P. Roddy, William Woodward Webb
Campbell Law Review
The purpose of this article is to explore the substantive provisions of amended Rule 11 and its historic antecedents, the procedure by which sanctions may be sought and/or imposed, the sanctions which the court may impose and the persons upon whom the sanctions can be imposed.
Damages And Problems Of Proof With Planted Nonconforming Seeds, Kemp Burpeau
Damages And Problems Of Proof With Planted Nonconforming Seeds, Kemp Burpeau
Campbell Law Review
This Article examines the factors necessary for recovery of damages for nonconforming seeds.
"Rummaging Through A Wilderness Of Verbiage" - The Charge Conference, Jury Argument And Instructions, The Hon. Thomas S. Watts
"Rummaging Through A Wilderness Of Verbiage" - The Charge Conference, Jury Argument And Instructions, The Hon. Thomas S. Watts
Campbell Law Review
Judges frequently assume that a lawyer who has engaged in the preparation of pleadings, the extensive discovery practice permitted by both civil and criminal statutes, and who has presented all of his or her evidence to a jury has also researched and understands the law applicable to the lawsuit. Lawyers frequently assume that a judge who has reviewed the court file and presided over the evidentiary portion of the trial also fully comprehends the law of the action. Unfortunately, neither assumption is completely correct, although both bar and trial bench correctly interpret and apply our complex and ever growing body …
The North Carolina Dissent Statutes: The Seeds Of Inequities Germinate, Anne Mayo Evans
The North Carolina Dissent Statutes: The Seeds Of Inequities Germinate, Anne Mayo Evans
Campbell Law Review
This commentary focuses on three of the inequities which result from the present scheme: (1) the discriminatory treatment of a second or successive spouse, (2) the possibility that a surviving spouse may receive a windfall beyond the designated statutory share, and (3) the "loophole" which readily allows disinheritance of the surviving spouse.
Cable Tv's "Must Carry" Rules: The Most Restrictive Alternative - Quincy Cable Tv, Inc. V. Fcc, Robert B. Hobbs Jr.
Cable Tv's "Must Carry" Rules: The Most Restrictive Alternative - Quincy Cable Tv, Inc. V. Fcc, Robert B. Hobbs Jr.
Campbell Law Review
This note first argues that the court correctly applied the least scrutinizing first amendment test to the facts of the case and concluded its inquiry after the rules failed that test. Second, this note argues that the FCC, while once on the correct regulatory path regarding cable, erred by not studying the potential impact of cable television on a case by case basis as the FCC had decided to do with competing broadcasters in Carroll Broadcasting, Inc. v. FCC. Third, this note concludes that the Quincy case will benefit cable operators financially and will provide proper protection of cable …
Estate Planning Considerations For The North Carolina Principal And Income Act Of 1973, James W. Narron
Estate Planning Considerations For The North Carolina Principal And Income Act Of 1973, James W. Narron
Campbell Law Review
Unless the governing instrument makes another provision, the Act applies to regulate the allocation of income and expense between the income and principal interests of a trust or estate. Accordingly, draftsmen who do not expressly exempt the fiduciary from the provisions of the Act or simply give the fiduciary standard North Carolina powers by incorporating by reference the provisions of N.C. Gen. Stat. § 32-27 are directing by default that the provisions of the Act apply to govern the allocation made by the fiduciary. This article will explore some of the consequences of each choice and will provide a framework …
Unfair And Deceptive Legislation: The Case For Finding North Carolina General Statutes Section 75-1.1 Unconstitutionally Vague As Applied To An Alleged Breach Of A Commercial Contract, Thomas A. Farr
Campbell Law Review
The North Carolina General Assembly enacted the Unfair and Deceptive Trade Practices Act in 1969. The original purpose of the act was to protect consumers from predatory business practices. Nonetheless, the North Carolina Supreme Court has sanctioned an expanded application of the act to cases involving sophisticated commercial parties. This article will attempt to demonstrate that it is poor public policy to apply section 75-1.1 to cases based upon an alleged breach of a commercial contract and that in at least those instances section 75-1.1 is unconstitutionally vague.
Property Law - Waiver Of Closing Date In Land Sales Contracts In North Carolina - Fletcher V. Jones, Ricky L. Griffin
Property Law - Waiver Of Closing Date In Land Sales Contracts In North Carolina - Fletcher V. Jones, Ricky L. Griffin
Campbell Law Review
This Note will demonstrate that the Fletcher court erred in holding that a land sale contract closing date could be waived. This Note will show that the court misapplied the doctrine of waiver to a land sale contract closing date, the court erroneously concluding that the seller was estopped from contending that reasonable time for performance should be computed from that date. Additionally, this Note will also show that the court modified the contract closing date for the purpose of computing a reasonable time for performance, a result that the parties themselves could not have reached without a written modification …
Maritime Law - Common Sense And Nonsense Stand Face To Face In The Fourth Circuit - Hassinger V. Tideland Electric Membership Corp., Paul A. Newton
Maritime Law - Common Sense And Nonsense Stand Face To Face In The Fourth Circuit - Hassinger V. Tideland Electric Membership Corp., Paul A. Newton
Campbell Law Review
This Note analyzes the Hassinger opinion in two sections. After a discussion of the case and the background of maritime jurisdiction, the first section considers the inappropriate use of a district court case cited for support in Hassinger. The second section considers the anomalous jurisdictional results created for pleasure vessel owners who use boat launching ramps when the Hassinger holding is combined with the holding of Hastings v. Mann, another Fourth Circuit opinion written twenty-two years ago.
Constitutional Law - A New Twist To The Law Of Defamation - Dun & (And) Bradstreet, Inc. V. Greenmoss Builders, Inc., Benita A. Lloyd
Constitutional Law - A New Twist To The Law Of Defamation - Dun & (And) Bradstreet, Inc. V. Greenmoss Builders, Inc., Benita A. Lloyd
Campbell Law Review
This Note will illustrate how Dun & Bradstreet immensely elevates the distinction between public and private concerns when evaluating what speech deserves first amendment protection in defamation cases. The main thrust is on the deficiencies of the Dun & Bradstreet opinion, and how the Court, although given this opportunity to clarify this area of the law, created greater confusion instead.
Wrong Without A Remedy - North Carolina And The Wrongful Death Of A Stillborn, Susan D. Crooks
Wrong Without A Remedy - North Carolina And The Wrongful Death Of A Stillborn, Susan D. Crooks
Campbell Law Review
This comment ... presents a legal argument supporting a civil action for the wrongful death of some stillborns and suggests that a gestational age of twenty-six weeks represents an appropriate viability standard in interpreting the North Carolina wrongful death statute. It also attempts to bridge the perceptual gap between certain aspects of medical and social sciences and the law regarding the fetus. The argument in support of the twenty-six week viability standard is presented in four parts. First, this comment illustrates why the fetus now enjoys an elevated status in society. Second, it illustrates the devastating impact of a stillbirth …
Return To The Conservative View Of Security Agreements In Commercial Transactions, Gregory D. Hutchins
Return To The Conservative View Of Security Agreements In Commercial Transactions, Gregory D. Hutchins
Campbell Law Review
The purpose of this comment is to explore judicial interpretation of what constitutes a security agreement, to delineate the arguments available to an attorney confronted with a deficient security agreement and to advocate a return to the conservative single document approach. Attorneys should also recognize that continued reliance on formal security agreements is advisable.
The Concept Of Religion In State Constitutions, Kent Greenawalt
The Concept Of Religion In State Constitutions, Kent Greenawalt
Campbell Law Review
The two central questions I address are the following: (1) If my claims about interpreting the federal constitution are sound, are they also intrinsically sound for state constitutions that contain different language? (2) Is it always, or sometimes, essentially self-defeating for state courts to define religion in a way different from what is embodied in federal law?
Section 337 Jurisdiction And The Forgotten Remedy, Janet Saxon, Paul Newhouse
Section 337 Jurisdiction And The Forgotten Remedy, Janet Saxon, Paul Newhouse
Campbell Law Review
No abstract provided.