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Articles 1 - 11 of 11
Full-Text Articles in Law
Time Passage And The Economics Of Coming To The Nuisance: Reassessing The Coasean Perspective, Roy E. Cordato
Time Passage And The Economics Of Coming To The Nuisance: Reassessing The Coasean Perspective, Roy E. Cordato
Campbell Law Review
No abstract provided.
A Call To Congress To Amend Erisa Preemption Of Hmo Medical Malpractice Claims: The Dissatisfactory Distinction Between Quality And Quantity Of Care, Angela M. Easley
A Call To Congress To Amend Erisa Preemption Of Hmo Medical Malpractice Claims: The Dissatisfactory Distinction Between Quality And Quantity Of Care, Angela M. Easley
Campbell Law Review
This Comment begins with an overview of the Employee Retirement Income Security Act (ERISA) and the preemption clause found therein. Section III explains the distinction between quality and quantity of care, the test many courts have relied on to determine whether ERISA preempts a medical malpractice claim. Section IV examines state common law theories of liability which are asserted against managed care organizations, specifically claims of direct and vicarious liability. Section V addresses the HMO's role in medical decision making, and Section VI describes recent legislation regarding ERISA and HMO liability. This Comment contends that the more active role an …
The Amy Jackson Law - A Look At The Constitutionality Of North Carolina's Answer To Megan's Law, Nikki Gfellers, Kimberly S. Lewis
The Amy Jackson Law - A Look At The Constitutionality Of North Carolina's Answer To Megan's Law, Nikki Gfellers, Kimberly S. Lewis
Campbell Law Review
This comment will first explore the complexities of North Carolina's Amy Jackson Law. Second, it will discuss the statutory response to sex offender recidivism by other states as compared to North Carolina, with a focus on New Jersey. This will include an analysis on the constitutionality of these statutes. Finally, the comment will review any expected ramifications, both legal and to the community, of this North Carolina legislation.
Conditional Federal Spending And The States "Free Exercise" Of The Tenth Amendment, Kristian D. Whitten
Conditional Federal Spending And The States "Free Exercise" Of The Tenth Amendment, Kristian D. Whitten
Campbell Law Review
This article will examine Congress' power under the Spending Clause, and will seek to determine whether, by using its spending power, Congress can constitutionally impose a "free exercise" condition on States and local governments. Part II discusses federalism and the Court's "free exercise" clause jurisprudence. Part III addresses the substance of the proposed RLPA. Parts IV and V examine the Court's shifting posture towards the Spending Clause and federalism respectively. Part VI contrasts the broad provisions of the RLPA, with the more narrow conditions found in the Equal Access Act. Finally, Part VII concludes that enactment of the proposed RLPA …
King V. North Carolina: A Misinterpretation Of The Lucas Takings Rule, Don R. Wells
King V. North Carolina: A Misinterpretation Of The Lucas Takings Rule, Don R. Wells
Campbell Law Review
This note will examine the decision in King and analyze the facts of this case under the correct interpretation of Lucas. Part II of this note will present the facts and procedural history of King. Part III will demonstrate that the Lucas rule, as applied in King was erroneous, and will analyze the facts of King under the correct interpretation of Lucas.
National Endowment For The Arts V. Finley: Challenging The Facial Challenge, Gloria F. Taft
National Endowment For The Arts V. Finley: Challenging The Facial Challenge, Gloria F. Taft
Campbell Law Review
This Note examines the facial challenge in National Endowment for the Arts ("NEA") v. Finley and how an as-applied challenge may have produced a different outcome. In particular, this Note will analyze the inadequacy of a facial challenge to the "decency & respect" provision, and in the alternative how an asapplied challenge would have invalidated the provision when applied to artists such as the Respondents in Finley.
The Constitutionality Of Anti-Gang Legislation, Beth Bjerregaard
The Constitutionality Of Anti-Gang Legislation, Beth Bjerregaard
Campbell Law Review
The purpose of this article is to examine the constitutionality of anti-gang legislation within the context of the First Amendment. Specifically, the doctrines of vagueness and overbreadth and the related issue of freedom of association will be examined with respect to statutory provisions which criminalize gang participation.
The Reality Of Work-Related Stress: An Analysis Of How Mental Disability Claims Should Be Handled Under The North Carolina Workers' Compensation Act, Amy S. Berry
Campbell Law Review
No abstract provided.
Batch V. Town Of Chapel Hill - Takings Law And Exactions: Where Should North Carolina Stand?, Elizabeth K. Arias
Batch V. Town Of Chapel Hill - Takings Law And Exactions: Where Should North Carolina Stand?, Elizabeth K. Arias
Campbell Law Review
This note argues that the North Carolina Supreme Court improperly decided Batch v. Town of Chapel Hill by ruling on a mere technicality. Instead the court should have focused on the nature of the town's ordinance and the required exaction and should have addressed Dr. Batch's takings claim. Proper analysis of Dr. Batch's claim indicates that the condition the Town of Chapel Hill imposed was an unconstitutional exaction. Part I of this note sets out the factual background and issues raised by the Batch decision and details the reasoning of both the North Carolina Court of Appeals and the North …
A Return To The Basics: Constitutional Answers To The Racial Gerrymandering Questions, Shannon L. Vandiver
A Return To The Basics: Constitutional Answers To The Racial Gerrymandering Questions, Shannon L. Vandiver
Campbell Law Review
This comment seeks to explain the incorrigible by returning to the basics. Starting and ending at the Constitution and a notion of what it means to be represented, this comment traces the development of redistricting jurisprudence from the Fourteenth and Fifteenth Amendments through the Voting Rights Act and finally to the Supreme Court. Most notably, this comment focuses on the effects of the redistricting quagmire on the state ofNorth Carolina throughout the 1990's as an exemplar of a reapportionment process attempting to pander to the political proclivities of both the Department of Justice and the Judicial branch.
A Review Of Copyright And The Internet, Needham J. Boddie Ii, Thomas C. Mcthenia Jr., Fred B. Amos Ii, Douglas W. Kim
A Review Of Copyright And The Internet, Needham J. Boddie Ii, Thomas C. Mcthenia Jr., Fred B. Amos Ii, Douglas W. Kim
Campbell Law Review
No abstract provided.