Open Access. Powered by Scholars. Published by Universities.®
- Discipline
-
- Immigration Law (5)
- International Law (3)
- Torts (3)
- Constitutional Law (2)
- Contracts (2)
-
- Courts (2)
- Health Law and Policy (2)
- Law and Gender (2)
- Antitrust and Trade Regulation (1)
- Business Organizations Law (1)
- Civil Procedure (1)
- Computer Law (1)
- Election Law (1)
- Environmental Law (1)
- Estates and Trusts (1)
- First Amendment (1)
- Government Contracts (1)
- Indigenous, Indian, and Aboriginal Law (1)
- Law and Psychology (1)
- Legal Ethics and Professional Responsibility (1)
- Legal History (1)
- Property Law and Real Estate (1)
- Tax Law (1)
- Keyword
-
- Employment of undocumented aliens (3)
- Battered women (2)
- Immigration reform (2)
- Cultural differences (1)
- Due process of law (1)
-
- Electronic contracts (1)
- Freedom of speech (1)
- Immigration policy (1)
- Judicial activism/States (U.S.) (1)
- Legal ethics (1)
- Rescission (1)
- Right to a fair trial (1)
- Specialized courts (1)
- Therapeutic jurisprudence (1)
- Tort reform/North Carolina (1)
- Unfair competition (1)
- Unfair trade practices/North Carolina (1)
- Appellate procedure/Civil/North Carolina (1)
- Breach of warranty/Laws (1)
- Campaign funds (1)
- Cognitive psychology (1)
- Contributory negligence/Laws (1)
- Court reform/States (U.S.) (1)
- Deportation (1)
- Digital signatures/North Carolina (1)
- Discretionary trusts/North Carolina (1)
- Employment of undocumented aliens/California (1)
- Employment of undocumented aliens/North Carolina (1)
- Environmental law/North Carolina (1)
- Federalism (1)
Articles 1 - 21 of 21
Full-Text Articles in Law
"It Is Much Easier To Find Fault With Others, Than To Be Faultless Ourselves": Contributory Negligence As A Bar To A Claim For Breach Of The Implied Warranty Of Merchantability, William B. L. Little
"It Is Much Easier To Find Fault With Others, Than To Be Faultless Ourselves": Contributory Negligence As A Bar To A Claim For Breach Of The Implied Warranty Of Merchantability, William B. L. Little
Campbell Law Review
To better understand the policy underpinnings of the statutory bar of certain implied warranty merchantability claims, this Article first reviews the origins and the continued vibrancy of the doctrine of contributory negligence in North Carolina. The doctrine is then examined in the context of North Carolina's enactment of the Products Liability Act and the doctrine's applicability to the implied warranty of merchantability.
Settlement Agreements Are Favored Under North Carolina Law... Or So We Thought: Problems With The Court Of Appeals' New Approach Allowing County Governments To Invalidate An Otherwise Binding Settlement Agreement Using North Carolina General Statute Section 159-28, Ryan C. Aul
Campbell Law Review
This comment first examines the established law of settlement agreements in North Carolina, specifically relating to how such agreements are favored under the law, general enforcement of these agreements, and special rules concerning counties and municipalities. Second, it focuses on the requirements for a pre-audit certification under North Carolina General Statute section 159-28(a), the perplexing judicial interpretation of this statute by the North Carolina Court of Appeals, and the resulting inequitable status of the law that treats settlement agreements with county and municipal governments on a different playing field than those with a private entity. Finally, a proposal is offered …
Elevating Form Over Substance: Viar V. North Carolina Department Of Transportation And Its Progeny, Trey Collier
Elevating Form Over Substance: Viar V. North Carolina Department Of Transportation And Its Progeny, Trey Collier
Campbell Law Review
This Comment explores the history of Rule 2 of the North Carolina Rules of Appellate Procedure, the controversial ruling of Viar, and how subsequent cases have interpreted the North Carolina Supreme Court's ruling in Viar.
A Primer On Electronic Contracting And Transactions In North Carolina, Richard A. Lord
A Primer On Electronic Contracting And Transactions In North Carolina, Richard A. Lord
Campbell Law Review
No abstract provided.
Use Versus Abuse: A Comprehensive Analysis Of Nonbinding Reservation Agreements And Real Estate Developers' Ability To Freely Rescind, Douglas J. Short
Use Versus Abuse: A Comprehensive Analysis Of Nonbinding Reservation Agreements And Real Estate Developers' Ability To Freely Rescind, Douglas J. Short
Campbell Law Review
This Comment addresses this increasingly common scenario where the developer reneges on reservation agreements and asserts that if certain developer practices remain unchanged, unwary developers will continue to face lawsuits brought by disappointed parties. Although the courts have generally been unsympathetic to contract claims, clearly struggling to find a remedy for plaintiffs in light of the express, nonbinding nature of the agreements, the potential for developer liability nevertheless exists under a theory of unfair and deceptive trade practices. Thus, this Comment asserts that since reservation agreements do not rise to the legal classification of option contracts, developers are justified in …
Container Port Security: A Layered Defense Strategy To Protect The Homeland And The International Supply Chain, Wendy J. Keefer
Container Port Security: A Layered Defense Strategy To Protect The Homeland And The International Supply Chain, Wendy J. Keefer
Campbell Law Review
This article describes the currently perceived threats of terrorist attacks on port facilities, focuses on several container-specific legal developments aimed at protecting United States ports from terrorist threats, and briefly contemplates the role of technology and the government's current layered approach to port security and protection of the international supply chain involving container shipments. Consideration is given to the ultimate goal-protecting port facilities and communities from violent terrorist attacks without creating economically dangerous inefficiency or unnecessary costs.
Distinguishing "Genuine" From "Sham' In Grassroots Lobbying: Protecting The Right To Petition During Elections, James Bopp Jr., Richard E. Coleson
Distinguishing "Genuine" From "Sham' In Grassroots Lobbying: Protecting The Right To Petition During Elections, James Bopp Jr., Richard E. Coleson
Campbell Law Review
This article returns to the debate over a proper test by collecting relevant ads and test proposals in an Appendix and using these as tools to analyze a test derived from a grassroots lobbying ad (hereinafter the "PBA Ad") that was recognized as a genuine issue ad by defense expert Goldstein in McConnell. Parts I through III provide the context for Part IV, which derives and analyzes a test from the PBA Ad. Part I provides a brief overview of the legislative, rulemaking, and constitutional context. Part II demonstrates that McConnell only decided a facial challenge, leaving as-applied challenges for …
Federal Malpractice In Indian Country And The "Law Of The Place": A Re-Examination Of Williams V. United States Under Existing Law Of The Eastern Band Of Cherokee Indians, J. Matthew Martin
Federal Malpractice In Indian Country And The "Law Of The Place": A Re-Examination Of Williams V. United States Under Existing Law Of The Eastern Band Of Cherokee Indians, J. Matthew Martin
Campbell Law Review
This paper analyzes the law applicable in malpractice cases occurring within Indian Country and brought under the Federal Tort Claims Act, applying the "Law of the Place." In particular, this paper argues that the law of the Eastern Band of Cherokee Indians, including the customs and traditions of the Tribe, should have been applied by the Federal Courts in lieu of the law of North Carolina in Williams v. United States. The paper concludes by suggesting that a complete "laboratory" of Federalism should include the application of the laws of the respective Tribes where Federal medical negligence occurs.
The Evolution Of Modern North Carolina Environmental And Conservation Policy Legislation, Milton S. Heath Jr., Alex L. Hess Iii
The Evolution Of Modern North Carolina Environmental And Conservation Policy Legislation, Milton S. Heath Jr., Alex L. Hess Iii
Campbell Law Review
This essay ... will trace the evolution and legislative history of modern environmental policy declarations and their interaction with earlier conservation policy declarations. It will also examine two topics that illustrate the evolution of environmental policy through legislation on subjects that are important elements of environmental law: interbasin transfers of water and intergovernmental pollution control law (the "Hardison Amendments"). These two topics were selected to illustrate policy developments reflected in the legislation itself rather than in policy declarations because each of them has had significant legal and political consequences.
Deconstructing Thinking Like A Lawyer: Analyzing The Cognitive Components Of The Analytical Mind, Larry O. Natt Gantt Ii
Deconstructing Thinking Like A Lawyer: Analyzing The Cognitive Components Of The Analytical Mind, Larry O. Natt Gantt Ii
Campbell Law Review
This article ... tackles the task of identifying the cognitive components of legal thinking. The article begins this task by discussing the development of modern law school pedagogy, which gave rise to the emphasis on thinking like a lawyer. The article then considers current conceptions of legal thinking which have divided the skill into cognitive and practical components, and it examines why the cognitive components remain at the center of the skill. The article then surveys empirical research on legal thinking by examining recent research on personality and learning styles as well as research on law student and lawyer surveys. …
The Difficult Task Of Model Rule Of Professional Conduct 3.6: Balancing The Free Speech Rights Of Lawyers, The Sixth Amendment Rights Of Criminal Defendants, And Society's Right To The Fair Administration Of Justice, Mattei Radu
Campbell Law Review
This article will begin with a review of trial publicity rules from the earliest efforts to curb harmful statements of lawyers during trials to the promulgation of Model Rule 3.6 in 1983 by the American Bar Association. It will then examine Gentile, the main Supreme Court case in this area. The article will next consider the 1994 and 2002 amendments to Model Rule 3.6, which were inspired in part by the Court's ruling in Gentile. It will also look specifically at the trial publicity situation in North Carolina, where Durham District Attorney Michael B. Nifong has been charged with violating …
Reinventing The Courts: The Frontiers Of Judicial Activism In The State Courts, Frank V. Williams Iii
Reinventing The Courts: The Frontiers Of Judicial Activism In The State Courts, Frank V. Williams Iii
Campbell Law Review
[T]his article is about a movement to completely reinvent the courts originating from within the ranks of the justices of the state supreme courts, leading academics, and the large legal organizations which support them.
And Now For Something Completely Different: Spendthrift, Discretionary, And Protective Trusts In North Carolina And The Federal Tax Lien, Philip Z. Brown
And Now For Something Completely Different: Spendthrift, Discretionary, And Protective Trusts In North Carolina And The Federal Tax Lien, Philip Z. Brown
Campbell Law Review
This Comment seeks to discuss the impact of the revisions made to North Carolina trust law effective January, 2006, in the context of their incongruity with the common law and the potential for favoritism toward federal tax liens over prior liens attached by state creditors (including liens for state taxes). In order to rectify the problems created by the revisions, North Carolina should either clarify the impact of these changes so as not to leave settlors, trustees, or beneficiaries with unrealistic expectations or revise the code to fill in the gaps created by the revisions.
Compensating Post-Conception Prenatal Medical Malpractice While Respecting Life: A Recommendation To North Carolina Legislators, Michelle Mcentire
Compensating Post-Conception Prenatal Medical Malpractice While Respecting Life: A Recommendation To North Carolina Legislators, Michelle Mcentire
Campbell Law Review
Part I of this Comment will provide an overview of the national perspective on these three types of prenatal negligence claims. Part II will discuss North Carolina's viewpoint and the evolution of its case law addressing prenatal negligence. Part III examines fundamental rights recognized by the United States Supreme Court and related North Carolina laws. Part IV considers the policy issues dominating the debate surrounding prenatal torts. Part V suggests North Carolina should protect the rights of expectant parents through legislation allowing medical malpractice claims for post-conception prenatal negligence.
Employers On The Fence: A Guide To The Immigratory Workplace, Natalie Prescott
Employers On The Fence: A Guide To The Immigratory Workplace, Natalie Prescott
Campbell Law Review
No abstract provided.
The International Marriage Broker Regulation Act: Protecting Foreign Women Or Punishing American Men?, Erin K. Pleasant
The International Marriage Broker Regulation Act: Protecting Foreign Women Or Punishing American Men?, Erin K. Pleasant
Campbell Law Review
No abstract provided.
Being Careful What You Wish For: Divisible Statutes - Identifying A Non-Deportable Solution To A Non-Citizen's Criminal Problem, Michael Vastine
Being Careful What You Wish For: Divisible Statutes - Identifying A Non-Deportable Solution To A Non-Citizen's Criminal Problem, Michael Vastine
Campbell Law Review
This article addresses recent case examples involving convictions that, on their face, seemed to provide an adequate basis of deportability. Convictions under the criminal statutes addressed herein generally appear to encompass deportable offenses, but have been held to be insufficient to assure deportability. Therefore, these examples can serve as templates for analysis of other statutes.
Using Unfair Competition Law To Deter Undocumented Immigration: Examining The Broader Implications Of Recent California Litigation, Saby Ghoshray
Using Unfair Competition Law To Deter Undocumented Immigration: Examining The Broader Implications Of Recent California Litigation, Saby Ghoshray
Campbell Law Review
No abstract provided.
The Sword Of North Carolina's "Unfair And Deceptive Trade Practices Act": Combating North Carolina Businesses Who Undercut Competition By Hiring Illegal Immigrants, Boris S. Abbey
Campbell Law Review
The legal issue explored in this Comment is whether a cause of action is available to North Carolina business owners that have been put at an economic disadvantage by competing companies that hire illegal immigrants.
Panel Discussion And Commentary: What To Expect With Immigration Reform In The 110th Congress And The Implications For The Legal Community, Alan L. Button
Panel Discussion And Commentary: What To Expect With Immigration Reform In The 110th Congress And The Implications For The Legal Community, Alan L. Button
Campbell Law Review
No abstract provided.
Mail Dominance: A Critical Look At The International Marriage Broker Regulation Act And Its Sufficiency In Curtailing Mail-Order Bride Domestic Abuse, Holli B. Newsome
Mail Dominance: A Critical Look At The International Marriage Broker Regulation Act And Its Sufficiency In Curtailing Mail-Order Bride Domestic Abuse, Holli B. Newsome
Campbell Law Review
This Comment will look through a circumscribed lens at the mailorder bride domestic abuse in the United States that is facilitated by the IMB industry and will also consider the sufficiency of IMBRA in curtailing the problem. This comment will: (1) give background information on the IMB industry; (2) examine -mail-order bride domestic abuse and how IMBs facilitate the problem; (3) explain IMBRA and its goals; and (4) take a critical look at IMBRA and give recommendations to further prevent mail-order bride domestic abuse in this country.