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Articles 1 - 15 of 15
Full-Text Articles in Law
The "Plain Feel" Exception In Minnesota V. Dickerson: A Further Erosion Of The Fourth Amendment, Nicole J. Lehmann
The "Plain Feel" Exception In Minnesota V. Dickerson: A Further Erosion Of The Fourth Amendment, Nicole J. Lehmann
Campbell Law Review
This Note will discuss the legal development of the "plain feel" exception to the Fourth Amendment. It will reveal how the Supreme Court in Dickerson used a combination of the Terry cursory, "pat down" exception to the Fourth Amendment and the "plain view" doctrine to justify a warrantless search and seizure. It will examine the extent to which police officers may manipulate lawful powers without overstepping the Amendment's safeguards. Finally, this Note will describe how Dickerson's "plain feel" exception weakens Fourth Amendment guarantees and concludes it could lead to an unwarranted invasion of the public's right to be secure …
Confrontation And Hearsay: New Wine In An Old Bottle, The Honorable Anthony M. Brannon
Confrontation And Hearsay: New Wine In An Old Bottle, The Honorable Anthony M. Brannon
Campbell Law Review
No abstract provided.
The Role Of Actual Confusion Evidence In Federal Trademark Infringement Litigation, Michael J. Allen
The Role Of Actual Confusion Evidence In Federal Trademark Infringement Litigation, Michael J. Allen
Campbell Law Review
This article seeks to provide an overall discussion of the role of actual confusion evidence in federal trademark infringement actions and to reconcile the differences among the courts as to the value given to various types of actual confusion evidence. Section I discusses the effect of the existence or absence of actual confusion evidence in infringement actions, and the relative importance which the courts place on such evidence. Section II discusses the various types of evidence which trademark infringement plaintiffs have proffered in attempting to prove the existence of actual confusion, and the weight which the courts have given to …
Expert Testimony Regarding The Speed Of A Vehicle: The Status Of North Carolina Law And The State Of The Art, Lawrence F. Mazer, Charles R. Manning, Richard T. Edwards, Michael A. Sutton
Expert Testimony Regarding The Speed Of A Vehicle: The Status Of North Carolina Law And The State Of The Art, Lawrence F. Mazer, Charles R. Manning, Richard T. Edwards, Michael A. Sutton
Campbell Law Review
No abstract provided.
Back To The Future: The Buyer's Market And The Need For Law Firm Leadership, Creativity And Innovation, F. Leary Davis
Back To The Future: The Buyer's Market And The Need For Law Firm Leadership, Creativity And Innovation, F. Leary Davis
Campbell Law Review
[Examines] how the legal market and legal profession have changed as they have transitioned from a buyer's to a seller's market and back over the last forty years.
The Admissibility Of Prior Acquittal Evidence - Has North Carolina Adopted The "Minority View?" - The Effect Of State V. Scott, Matthew S. Sullivan
The Admissibility Of Prior Acquittal Evidence - Has North Carolina Adopted The "Minority View?" - The Effect Of State V. Scott, Matthew S. Sullivan
Campbell Law Review
This Note will examine the court's decision in State v. Scott. First, the Note will address the facts of the case. Second, it will set out the background on how courts decide whether evidence of this nature should be admitted, mainly focusing on Rules 403 and 404(b) of the North Carolina Rules of Evidence. Next, the Note will analyze how the court arrived at this "bright-line" rule as well as the effect it will have in future cases. Finally, the Note will conclude that even though North Carolina adopted the "minority rule", this approach is proper under the concept …
Self-Directed Death, Euthanasia, And The Termination Of Life-Support: Reasonable Decisions To Die, G. Steven Neely
Self-Directed Death, Euthanasia, And The Termination Of Life-Support: Reasonable Decisions To Die, G. Steven Neely
Campbell Law Review
The purpose of this paper is to challenge the common legal and psychiatric presumption that all decisions to die result from a clouded mind. Indeed, a realistic and common sense view of the issue asserts quite the contrary: namely, that self-directed death may prove to be an optimally rational course of action in light of an individual's circumstances and ends. While the state has a legitimate concern in the welfare of its citizens and should seek to prevent unwarranted loss of life, it should be loathe to force a mentally competent adult to remain alive against his will and best …
The Demise Of The Foreign-Natural Test In North Carolina - Goodman V. Wenco Foods, Leigh A. Aughenbaugh
The Demise Of The Foreign-Natural Test In North Carolina - Goodman V. Wenco Foods, Leigh A. Aughenbaugh
Campbell Law Review
This Note has several objectives. First, it will describe the origins, development, and rationale of both the foreign/natural and reasonable expectations test in other jurisdictions, as well as trace the growth of the former test in North Carolina and its eventual demise. In addition, it will analyze the court's decision, and examine the reasons given for it by comparing the decision to that of the recent national trend. Finally, this Note will explore the consequences of the court's decision and determine whether the course chosen was the proper one.
What The Supreme Court Giveth, The Supreme Court Taketh Away - Gardner V. Gardner, Alice Mcneer
What The Supreme Court Giveth, The Supreme Court Taketh Away - Gardner V. Gardner, Alice Mcneer
Campbell Law Review
This Note reviews the Ruark decision and the cases decided in the wake of its expansive "foreseeability" test. It then analyzes the court's application of the factors established in Ruark to the facts of Gardner and questions the court's failure to establish more specific standards for determining foreseeability in negligent infliction of emotional distress cases. Next, this Note explores the possible effects of Gardner. This Note concludes that the Court should have set forth clearer standards to better guide the lower courts in deciding when a plaintiff has stated a proper claim and suggests how the "foreseeability" test could …
The Long And Winding Road: Redistricting In Light Of Shaw V. Reno, Charles W. Mckeller
The Long And Winding Road: Redistricting In Light Of Shaw V. Reno, Charles W. Mckeller
Campbell Law Review
The purpose of this note is to analyze the impact and scope of the United States Supreme Court's landmark decision in Shaw v. Reno. This Note will attempt to recommend guidelines which will enable local government officials to negotiate the narrow and winding path between the standards of the VRA and the ambiguous restrictions set by the Court's decision.
Erisa Qualified Pension Plan Benefits As Property Of The Bankruptcy Estate: The Unanswered Questions After Patterson V. Shumate, Jack E. Karns
Erisa Qualified Pension Plan Benefits As Property Of The Bankruptcy Estate: The Unanswered Questions After Patterson V. Shumate, Jack E. Karns
Campbell Law Review
To better understand the impact of Patterson, as well as future debates regarding conflict between state and federal law in the Bankruptcy Code, this article will review the underlying case law that set the stage for this judicial showdown. Part II specifically analyzes the competing case lines which excluded pension plan benefits from the bankruptcy estate. Part III briefly summarizes those cases which concluded that plan benefits must be included in the estate but may be subject to exemption under state or federal law. Part IV reviews the Patterson opinion in detail, as well as the issues and analysis …
Erisa, Preemption And Comprehensive Federal Health Care: A Call For "Cooperative Federalism" To Preserve The States' Role In Formulating Health Care Policy, James E. Holloway
Erisa, Preemption And Comprehensive Federal Health Care: A Call For "Cooperative Federalism" To Preserve The States' Role In Formulating Health Care Policy, James E. Holloway
Campbell Law Review
This article revisits the familiar theme of federalism and health care policy. It takes the position that federalism is decreasing and will decrease further under national health care that is fast becoming, if not already so, an exclusive field of federal regulation. The article draws this conclusion from three influences on federal regulation and policy: (1) the expanding preemptive effects of employee benefit regulation on state health care, as well as other law and public policy; (2) the increasing public policy favoring a comprehensive national health care policy; and (3) the existing dominance of federal medical care and assistance regulation …
The Right To Appointment Of Counsel For The Indigent Civil Contemnor Facing Incarceration For Failure To Pay Child Support - Mcbride V. Mcbride, Kurt F. Hausler
The Right To Appointment Of Counsel For The Indigent Civil Contemnor Facing Incarceration For Failure To Pay Child Support - Mcbride V. Mcbride, Kurt F. Hausler
Campbell Law Review
This Note will provide a history of a civil contemnor's right to appointed counsel in North Carolina by reviewing the statutory and judicial history prior to McBride v. McBride, primarily through a study of the North Carolina Supreme Court holding in Jolly v. Wright. Next, this Note will look at the law outside of North Carolina which effected the holding in McBride. Next, this Note will examine the court's ruling in McBride, and discuss the altered judicial reasoning which led to the court's holding. Finally, this Note will address the ramifications of McBride, and conclude …
Law School: A Mortuary For Poets And Moral Reason, David R. Culp
Law School: A Mortuary For Poets And Moral Reason, David R. Culp
Campbell Law Review
No abstract provided.
The Evolution And Status Of The Contributory Negligence Defense To Medical Malpractice Actions In North Carolina - Mcgill V. French, Lucinda L. Fraley
The Evolution And Status Of The Contributory Negligence Defense To Medical Malpractice Actions In North Carolina - Mcgill V. French, Lucinda L. Fraley
Campbell Law Review
This Note will examine the defense of contributory negligence, the prerequisites for asserting the defense, and the underlying policy reasons which may explain the rampant growth of the defense and its alleged recent decline. Next, this Note will evaluate the circumstances which have given rise to contributory negligence as well as those circumstances that do not rise to the level of contributory negligence. Finally, this Note will analyze the North Carolina Supreme Court's decision to permit the defense when the patient fails to follow the physician's advice and instructions.