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Articles 1 - 17 of 17
Full-Text Articles in Law
Jumping In The Deep End? An Analysis Of The North Carolina Health Insurance Risk Pool, Megan G. West
Jumping In The Deep End? An Analysis Of The North Carolina Health Insurance Risk Pool, Megan G. West
Campbell Law Review
No abstract provided.
Automatic Stays And Administrative Expenses: Rights And Remedies Available To Landlords And Tenants In Bankruptcy Proceedings, Judge John M. Tyson
Automatic Stays And Administrative Expenses: Rights And Remedies Available To Landlords And Tenants In Bankruptcy Proceedings, Judge John M. Tyson
Campbell Law Review
This Article will address the following issues: (1) the rights acquired by and the consequences of a landlord or tenant filing for bankruptcy; (2) the effect of the automatic stay; (3) lifting the automatic stay and regaining possession by a landlord; (4) rent and administrative expense payments during the pendency of bankruptcy proceedings; and (5) the assumption or rejection of the lease.
Arresting Development: A Call For North Carolina To Expand Its Forensic Database By Collecting Dna From Felony Arrestees, John Maddux
Campbell Law Review
For nearly twenty years, state and federal law enforcement agencies have turned to DNA databases as a means of identifying offenders, generating leads in cold cases, and on occasion, exonerating the innocent. Naturally, the larger the database, the more likely it is that a new DNA profile entered into the system will generate a match. Currently, fifty states maintain DNA databases, and of those, forty-seven-including North Carolina-collect and store DNA profiles from all persons convicted of any felony offense. Statutes requiring the collection of DNA profiles from convicts are a positive step toward improving the database tools; however, by only …
Allowing Perpetuities In North Carolina, John V. Orth
Allowing Perpetuities In North Carolina, John V. Orth
Campbell Law Review
No abstract provided.
A Senior Moment: The Executive Branch Solution To The Problem Of Binding Arbitration Agreements In Nursing Home Admission Contracts, Lisa Tripp
Campbell Law Review
No abstract provided.
The Law And Policy Of Health Care Quality Reporting, Kristin Madison
The Law And Policy Of Health Care Quality Reporting, Kristin Madison
Campbell Law Review
Part I of this Essay provides an overview of hospital and physician quality reporting in the United States today. It compiles examples of quality report cards, examines empirical evidence of report cards' impact, and discusses report cards' problems, including barriers to consumer use and deficiencies in content and quality. Part II reviews legal issues that have arisen with respect to quality reporting, focusing on controversies surrounding health insurers' use and publication of physician performance measures. It traces the roles of various stakeholders in responding to these controversies and shows how the resolutions reached address broader policy concerns about quality measures. …
Where Will You Go When The Well Runs Dry? Local Government Ownership And Water Allocation In North Carolina, Daniel F. Mclawhorn
Where Will You Go When The Well Runs Dry? Local Government Ownership And Water Allocation In North Carolina, Daniel F. Mclawhorn
Campbell Law Review
It is no simple task to determine who owns-or rather who does not own-the water in North Carolina's lakes, streams, and ponds. Those seeking to resolve conflicts involving water use invariably risk entanglement in a web of common law riparian rights and public trust assets loosely bound together by centuries-old court decisions and complex state and federal laws. The question of who owns water, particularly with regard to local governments, is clearly an area of increasing importance as North Carolina now sees an end to what once seemed its inexhaustible water bounty.
Murky Water: What Really Is Taxed As Court Costs In North Carolina?, James Edwin Griffin Iii
Murky Water: What Really Is Taxed As Court Costs In North Carolina?, James Edwin Griffin Iii
Campbell Law Review
What is taxed as court costs? A question so seemingly simple would rightfully lead one to believe it held an answer just as basic. Black's Law Dictionary defines the term as "[tihe charges or fees taxed by the court, such as filing fees, jury fees, courthouse fees, and reporter fees," a definition which does nothing to resolve the uncertainty surrounding the topic, especially in the State of North Carolina. The statutes involved appear straightforward, and the use of common principles of statutory interpretation indicate that the "answer" is clear as well-one which would not only clarify the law but also …
Toward A Comprehensive Program For Regulating Vacant Or Abandoned Dwellings In North Carolina: The General Police Power, Minimum Housing Standards, And Vacant Property Registration, C. Tyler Mulligan
Campbell Law Review
Part I of this Article provides a brief introduction to North Carolina's experience thus far with the foreclosure crisis and introduces the broad array of statutorily granted tools local governments might employ to deal with vacant or abandoned dwellings in varying stages of neglect. Part II discusses the general police power that serves as the first line of defense against the decline of vacant or abandoned housing, as well as how that power is limited by state statutes governing minimum housing standards. Part III then turns to those minimum housing statutes to examine their operation and limitations. Part IV analyzes …
Multi-Institutional Healthcare Ethics Committees: The Procedurally Fair Internal Dispute Resolution Mechanism, Thaddeus Mason Pope
Multi-Institutional Healthcare Ethics Committees: The Procedurally Fair Internal Dispute Resolution Mechanism, Thaddeus Mason Pope
Campbell Law Review
No abstract provided.
The Hidden Dichotomy In The Law Of Morality, Justin P. Nichols
The Hidden Dichotomy In The Law Of Morality, Justin P. Nichols
Campbell Law Review
This Comment will begin by exploring the dichotomy itself, and then carefully distinguishing civil and religious morality. The analysis will then examine Lawrence and clarify how the opinion affected the dichotomy. Next, this Comment will apply the post-Lawrence understanding of the rational basis test to several issues of concern raised by opponents of the decision. Finally, this Comment will speculate as to the possible implications of Lawrence for moral issues lying on the horizon.
No Notice, No Hearing, No Problem? The Constitutionality Of North Carolina's Prejudgment Statute, Jason A. Jennings
No Notice, No Hearing, No Problem? The Constitutionality Of North Carolina's Prejudgment Statute, Jason A. Jennings
Campbell Law Review
Accordingly, this Comment will analyze the constitutionality of North Carolina's prejudgment statutes. Part I will take a brief look at the history of prejudgment statutes and the "power" doctrine articulated by the United States Supreme Court in Pennoyer v. Neff. Part II will discuss the impact of subsequent Supreme Court cases.
The 2009 Revision To The Phrma Code On Interactions With Healthcare Professionals: Challenges And Opportunities For The Pharmaceutical Industry In The Age Of Compliance, Howard L. Dorfman
The 2009 Revision To The Phrma Code On Interactions With Healthcare Professionals: Challenges And Opportunities For The Pharmaceutical Industry In The Age Of Compliance, Howard L. Dorfman
Campbell Law Review
This Article will describe the basic tenets of the 2009 PhRMA Code, how the 2009 PhRMA Code has been relied upon by at least one state in crafting its own response to the industry-healthcare professional debate, and it will conclude with a brief overview of pending activity apart from the self-policing guidance of the 2009 PhRMA Code with an outlook on the future of the compliance debate.
Kidney Transplantation: Only For The Well-To-Do?, Jennifer M. Smith
Kidney Transplantation: Only For The Well-To-Do?, Jennifer M. Smith
Campbell Law Review
No abstract provided.
Putting Amotion In Motion: Removal Of An Elected Official By A Municipal Governing Body For Just Cause, Cathryn M. Little
Putting Amotion In Motion: Removal Of An Elected Official By A Municipal Governing Body For Just Cause, Cathryn M. Little
Campbell Law Review
This Article will examine the development and application of North Carolina common law addressing the removal of an elected municipal official through the process of "amotion." Amotion is recognized as an "inherent power" of the governing body of a municipal corporation to remove an elected official for reasonable and just cause due to misconduct or unfitness to hold office.
Why Affirmative Action Remains Essential In The Age Of Obama, Reginald T. Shuford
Why Affirmative Action Remains Essential In The Age Of Obama, Reginald T. Shuford
Campbell Law Review
No abstract provided.
A Primer On North Carolina And Federal Use Of Force Law: Trends In Fourth Amendment Doctrine, Qualified Immunity, And State Law Issues, J. Michael Mcguinness
A Primer On North Carolina And Federal Use Of Force Law: Trends In Fourth Amendment Doctrine, Qualified Immunity, And State Law Issues, J. Michael Mcguinness
Campbell Law Review
This Article analyzes recent trends and updates the status of use of force law under North Carolina and federal standards.