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Articles 1 - 12 of 12
Full-Text Articles in Law
The New North Carolina Apa: A Practical Guide To Understanding And Using It, Jackson Nichols
The New North Carolina Apa: A Practical Guide To Understanding And Using It, Jackson Nichols
Campbell Law Review
No abstract provided.
Entrustment Under U.C.C. Section 2-403 And Its Implications For Article 9, John E. Cargill
Entrustment Under U.C.C. Section 2-403 And Its Implications For Article 9, John E. Cargill
Campbell Law Review
This Comment surveys the different theories used by courts to interpret the U.C.C. in settling disputes between Article 9 and section 2-403(2). It also looks at the strengths and weaknesses of the theories proposed and suggests a solution.
The Equitable Distribution Of Professional Degrees Upon Divorce In North Carolina, Carole S. Gailor, Meredith J. Mcgill
The Equitable Distribution Of Professional Degrees Upon Divorce In North Carolina, Carole S. Gailor, Meredith J. Mcgill
Campbell Law Review
This article will examine the concept of the advanced degree as property subject to equitable distribution in the context of the North Carolina equitable distribution of marital property statute and the prevalent theories of compensation to the working spouse within the scope of North Carolina's statutory property distribution and spousal maintenance schemes.
Civil Procedure - Discovery Of Medical Records In A Corporate Negligence Action - Shelton V. Morehead Memorial Hospital, G. Bruce Park
Civil Procedure - Discovery Of Medical Records In A Corporate Negligence Action - Shelton V. Morehead Memorial Hospital, G. Bruce Park
Campbell Law Review
This Note will examine the impact of the Shelton decision on requests for the production of hospital records. The Note will emphasize the application of Shelton to corporate negligence actions against a hospital for breach of a duty owed by the hospital directly to the patient. The Note will suggest that, although the Shelton court limited the availability of discovery, diligent plaintiffs may find trial courts less likely to allow a blanket privilege for hospitals claiming immunity from discovery for records conveniently labeled as products of medical review committees. This Note will argue that the plaintiff in a corporate negligence …
Property Law - A Fresh Look At Contractual Tenant Remedies Under The North Carolina Residential Rental Agreements Act - Miller V. C.W. Myers Trading Post, Inc., Johnny Foster
Campbell Law Review
This note will examine some of the other contractual remedies that the North Carolina courts could make available to tenants for breach of the implied warranty of habitability. The Miller case suggests that the courts would hold that some of these remedies are available under the Act but that others are not. This note will address the issues of why some of these remedies should or should not be available under Miller and the Act. Since the North Carolina courts seem to be willing to consider other remedies under the Act, lawyers who represent North Carolina tenants should familiarize themselves …
Conflicts Of Law In Divorce Litigation: A Looking-Glass World?, Mary M. Wills
Conflicts Of Law In Divorce Litigation: A Looking-Glass World?, Mary M. Wills
Campbell Law Review
Family law, in particular, presents some rather unique problems in the field of conflicts of law. In an attempt to resolve some of these difficulties, this comment will inquire into the relevant policies underlying family law, and divorce law in particular, and analyze the viability of the use of the choice of law doctrine of interest analysis in the divorce arena. It will address the current state of United States conflicts law in family law cases and the possible ramifications of the application of interest analysis to certain family law concepts. Finally, it will propose the adoption of some form …
Scarlet Letter Lawsuits: Private Affairs And Public Judgments, Lynn Buzzard
Scarlet Letter Lawsuits: Private Affairs And Public Judgments, Lynn Buzzard
Campbell Law Review
This article will review the legal issues related to church discipline which are raised by Guinn v. Church of Christ of Collinsville. Part II will provide an overview of the general legal bases for church rights of internal control and discipline in associational and first amendment law. Part III will note the traditional limited scope of tort claims, and defenses to them, raised in church discipline cases. Part IV will note the newer claims grounded in the modern torts of invasion of privacy and infliction of emotional distress as represented by Guinn in church discipline-related suits. Part V will suggest …
Using Hindsight To Change Child Support Obligations: A Survey Of Retroactive Modification And Reimbursement Of Child Support In North Carolina, Beverly W. Massey
Using Hindsight To Change Child Support Obligations: A Survey Of Retroactive Modification And Reimbursement Of Child Support In North Carolina, Beverly W. Massey
Campbell Law Review
The ratification of Chapter 50, section 13.10 of the North Carolina General Statutes, effective October 1, 1987, now focuses attention on the retroactive modifiability of court-ordered child support obligations in this state. Retroactive liability for child support, however, is not limited to retroactive changes in court-ordered support. The concept also includes retroactive changes in contractual child support obligations, as well as several miscellaneous remedies that allow a court to reimburse a parent, the state, or a third-party provider of necessaries for past expenditures on the child's behalf.
Grand Jury Subpoenas To Defense Attorneys Representing Targets: An Ethical-Legal Tug Of War, Paul Marshall Yoder
Grand Jury Subpoenas To Defense Attorneys Representing Targets: An Ethical-Legal Tug Of War, Paul Marshall Yoder
Campbell Law Review
This Comment will first explore the problems associated with grand jury subpoenas to defense attorneys, and then move on to examine the role of the grand jury in the criminal justice system. The Comment will then survey previous approaches to the problem and their deficiencies, following which it will focus on the new ethical rule and its ramifications for the grand jury process. Finally, it will will suggest alternatives to the current approaches.
Racial Gerrymandering And The Voting Rights Act In North Carolina, Robert N. Hunter Jr.
Racial Gerrymandering And The Voting Rights Act In North Carolina, Robert N. Hunter Jr.
Campbell Law Review
The purpose of this article is to examine the Gingles v. Thornburg decision in light of the right to vote in North Carolina. The article first focuses on the history of North Carolina's election laws, which initially secured the right to vote for all its citizens and subsequently restricted the franchise, first directly and later through the use of electoral mechanisms. The article will then examine the legal history of federal court decisions securing mathematical equality in voting power for racial and political minorities prior to the Gingles decision. In order to understand this decision, it is important to remember …
Beyond Justiciability: Political Gerrymandering After Davis V. Bandemer, Michael A. Hess
Beyond Justiciability: Political Gerrymandering After Davis V. Bandemer, Michael A. Hess
Campbell Law Review
This article examines the decision in Davis v. Bandemer, as well as the political circumstances that resulted in unusual legal alliances during the appeal. The article also attempts to dispel at least some of the confusion surrounding the decision.
Evidence - North Carolina Allows Admission Of The Unthinkable: Hearsay Exceptions And Statements Made By Sexually Abused Children - State V. Smith, Benita A. Lloyd
Evidence - North Carolina Allows Admission Of The Unthinkable: Hearsay Exceptions And Statements Made By Sexually Abused Children - State V. Smith, Benita A. Lloyd
Campbell Law Review
This Note will discuss how the court's decision to expand the traditional hearsay exceptions under Rule 803 ranks in effectiveness with other methods which allow into evidence hearsay statements of a child victim. While Smith does not provide admission of all critical hearsay statements made by sexually abused children, the decision goes a long way in allowing North Carolina courts to admit the unthinkable.