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Articles 1 - 9 of 9
Full-Text Articles in Law
Punitive Damages After Campbell: The Role Of Out-Of-State Conduct, Steven R. Hamlin
Punitive Damages After Campbell: The Role Of Out-Of-State Conduct, Steven R. Hamlin
Campbell Law Review
This article examines the scope of out-of-state conduct that may be used after Campbell.
Validity And Enforceability Of Liability Waivers On Ski Lift Tickets, C. Connor Crook
Validity And Enforceability Of Liability Waivers On Ski Lift Tickets, C. Connor Crook
Campbell Law Review
This article attempts to highlight some of the important differences in the legal enforceability of waivers. Currently, there is no uniform national standard for what are the "inherent risks" of skiing. Because the variance in liability rules can affect injured skiers so acutely, attorneys representing both ski resorts and injured skiers need to be aware of real differences in the enforceability of waivers in a sport not unfamiliar with serious injuries.
Aid And Comfort: Rasul V. Bush And The Separation Of Powers Doctrine In Wartime, Ryan Mckaig
Aid And Comfort: Rasul V. Bush And The Separation Of Powers Doctrine In Wartime, Ryan Mckaig
Campbell Law Review
By failing to recognize the challenges facing political and military leaders in the wake of the September 11, 2001 attacks, in reversing fifty-four years of precedent relied upon by the executive branch, and in failing to consider the political question doctrine, the Supreme Court in Rasul charted a dangerous constitutional course that could lead to greater judicial involvement in war-making powers and greater levels of conflict among the three branches. These trends will ultimately threaten the nation's ability to fight and win future wars. The decision is ill-advised, ill-timed, and invites unintended consequences.
The Admissibility Of Expert Testimony In North Carolina After Howerton: Reconciling The Ruling With The Rules Of Evidence, William A. Woodruff
The Admissibility Of Expert Testimony In North Carolina After Howerton: Reconciling The Ruling With The Rules Of Evidence, William A. Woodruff
Campbell Law Review
Part II of this paper briefly describes the federal rule in order to appreciate the context of the North Carolina approach to expert testimony. Part III traces the development of North Carolina's expert testimony law from the common law to codification in the rules of evidence through the decision in Howerton and reveals that the North Carolina test for reliability is, essentially, an evaluation of the credibility of the testifying expert. Part IV argues that Howerton's adoption of a less stringent and credibility-based substantive test for reliability but retention of the Daubert procedural "gatekeeping" role of the judge in determining …
Preemption, Assassination, And The War On Terrorism, David Ennis
Preemption, Assassination, And The War On Terrorism, David Ennis
Campbell Law Review
The purpose of this comment is to provide a legal framework which supports the use of assassination as a preemptive instrument against terrorism. In doing so, this comment will: (1) offer a sensible definition for assassination and its relationship to war; (2) examine both the historical and political underpinnings of the current United States policy on assassination; and (3) review sources of international customary and treaty law to extrapolate guidelines for using assassination overseas in the War on Terror.
Marketing Natural Law: An Over-Debated And Undersold Product, J. Stanley Mcquade, Richard T. Bowser
Marketing Natural Law: An Over-Debated And Undersold Product, J. Stanley Mcquade, Richard T. Bowser
Campbell Law Review
No abstract provided.
Wise V. Harrington Grove Community Association, Inc.: A Pickwickian Critique, Patrick K. Hetrick
Wise V. Harrington Grove Community Association, Inc.: A Pickwickian Critique, Patrick K. Hetrick
Campbell Law Review
In this article, I will examine various aspects of the Wise decision, including the approach of the North Carolina Supreme Court to both the common law of covenants and the PCA itself. I will also evaluate the impact of a recent amendment to the PCA, and revisit and reflect on selected legal issues raised by the passage of the PCA now that five years have elapsed since its effective date. While the article focuses specifically on the North Carolina PCA, it is important to keep in mind that a "planned community" is but one form of real estate development and …
The Rising Tide Of North Carolina Constitutional Protection In The New Millennium, J. Michael Mcguinness
The Rising Tide Of North Carolina Constitutional Protection In The New Millennium, J. Michael Mcguinness
Campbell Law Review
This article outlines a number of recent developments in North Carolina constitutional law, focusing primarily upon the most common areas where individuals need protection from abusive government power. Recent cases have demonstrated the growth and abuse of government power in North Carolina, from the smallest municipalities to the massive North Carolina state government bureaucracy. State constitutional checks and balances are necessary.
Child Sex Abuse Victims: How Will Their Stories Be Heard After Crawford V. Washington?, Erin Thompson
Child Sex Abuse Victims: How Will Their Stories Be Heard After Crawford V. Washington?, Erin Thompson
Campbell Law Review
This comment focuses on the Confrontation Clause's interpretation throughout history and demonstrates the adverse effects the current state of the law has on child sex abuse victims like Alice and Bonnie. As such, the United States Supreme Court should declare that current statutory protections for child sex abuse victims are valid exceptions to the Confrontation Clause. Additionally, states should be encouraged to establish these statutes where they do not exist.