Law Commons^™

The First Congressional Debate On Public Carry And What It Tells Us About Firearm Regionalism, Mark Anthony Frassetto

Campbell Law Review

In the aftermath of District of Columbia v. Heller, a prominent issue remains unresolved: whether, or to what extent, the Second Amendment protects an individual right to keep and bear arms outside of the home. This Article explores this unresolved issue through a newly uncovered source, the congressional debates surrounding the District of Columbia's public carry law in the 1890s.

These debates provide new insights into the understanding of the right to keep and bear arms in the years following the drafting and ratification of the Fourteenth Amendment. Two conclusions can be drawn from the debate. First, there was no …

Public Confidence In The Courts In The Internet Age: The Ethical Landscape For Judges In The Post-Watergate Age, Carolyn A. Dubay

Campbell Law Review

Promoting and protecting public confidence in government institutions is central to continued faith in the rule of law. As a result, when personal scandals or internal failures threaten public trust in government institutions, policy makers have been quick to respond with new measures to increase accountability for misconduct. In the twentieth century, the Watergate scandal of the early 1970s led to significant changes in accountability for misconduct by high-level public officials and in the legal profession generally. For judges, in the years just prior to Watergate, high-profile scandals involving federal judges also led to significant changes in the regulation of …

Redefining Trade Secrets In North Carolina, Christopher A. Moore

Campbell Law Review

North Carolina has a trade secrets problem, and it resides at the most elementary part of the doctrine: the definition. In the North Carolina Trade Secrets Protection Act, the general assembly established an elemental, two-prong test for identifying a trade secret. Courts adjudicating trade secrets cases, however, have strayed from this definition, instead applying a six-factor balancing test that common law courts used before enactment of statutory trade secret definitions. This bifurcated development has not only created an inconsistent jurisprudence-it has also cultivated fundamental problems in the North Carolina legal system. Namely, North Carolina courts have infringed on the province …

Patch By Patch: North Carolina's Crazy Quilt Of Campaign Finance Regulations, Anna V. Stearns

Campbell Law Review

After more than a decade of judicial intervention and legislative reforms, North Carolina's campaign finance laws resemble a crazy quilt - a patchwork of provisions pieced together from remnants and scraps. The law is a dizzying array of proscriptions, requirements, and exceptions, sometimes based on speaker identity and sometimes based on the content or context of the political message. This quilt is what remained after the Fourth Circuit's strained and confusing decision in North Carolina Right to Life, Inc. v. Leake, decided in 2008, immediately following the Supreme Court's landmark decision in McConnell v. FEC. This Comment evaluates and summarizes …

Reading, 'Riting, And Regulating Speech: Why Schools Can't Punish Off-Campus Speech And How The North Carolina Legislature Has Tried To Fill The Gaps, Hannah Wallace

Campbell Law Review

The intersection between school discipline and free speech has sparked debates over how far a school's authority extends beyond campus. The internet and the nationwide conversation about cyberbullying have only magnified the debate. In Tinker v. Des Moines, the Supreme Court recognized that students do retain their First Amendment rights while under the school's authority. The Court then went on to hold that a school can punish a student for his or her on-campus speech if the speech causes a substantial or material disruption to school activities or if the speech invades the rights of another student. Whether this test …

From Secret White House Recordings To @Realdonaldtrump: The Democratic Value Of Presidential Tweets, Douglas B. Mckechnie

Campbell Law Review

Modern US. presidents have chosen their words meticulously and deliberately, with the assistance of aides and speechwriters, all with a view toward how their message would be delivered and understood. Rarely has the electorate had access to the unvarnished thoughts of a president. At times, secretly recorded conversations in the White House have allowed Americans to hear the unabashed thoughts of various presidents. However, save for the Watergate scandal, those recordings had no immediate, discernible democratic impact because they were released years after the presidents' words were recorded. The recordings are noteworthy because they capture presidents' musings in the private …

Style, Substance, And The Right To Keep And Bear Assault Weapons, Allen Rostron

Campbell Law Review

Assault weapons have long been a subject of intense controversy. The debate has intensified in recent years after a series of mass shootings in which perpetrators used AR-15 rifles or other military-style weapons, such as the shootings in Newtown, Aurora, San Bernardino, Orlando, Las Vegas, Sutherland Springs, and Parkland While the federal assault weapon ban has expired, some state legislatures have enacted bans. Critics complain that these laws irrationally condemn certain types of firearms simply because they have a military appearance. Gun control advocates argue that these laws are not just about superficial appearances and that the banned weapons are …

Heller After Ten Years, E. Gregory Wallace

Campbell Law Review

No abstract provided.

Liberty Is Not Loco-Motion: Obergefell And The Originalists' Due Process Fallacy, Andrew T. Bodoh

Campbell Law Review

In an effort to discredit substantive due process, originalists often misinterpret the federal Due Process Clauses. Justice Clarence Thomas's Obergefell v. Hodges dissent illustrates this. In this dissent, Justice Thomas cites Blackstone's Commentaries to argue that Due Process "liberty" is merely freedom from physical restraint, what Blackstone describes as the power of "loco-motion."

This Article challenges Justice Thomas's narrow view of Due Process liberty from Obergefell v. Hodges on its own terms. It distills from the dissent and its sources five assumptions or premises supporting Justice Thomas's view, and it confronts each of these with contrary evidence from the historical …