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Full-Text Articles in Law
The Recognition Of Social Host Liability In North Carolina - Hart V. Ivey, Donna L. Shumate
The Recognition Of Social Host Liability In North Carolina - Hart V. Ivey, Donna L. Shumate
Campbell Law Review
This Note will first trace the development of social host liability in North Carolina and in other jurisdictions. Second, the Note will list the positions on social host liability adopted by other jurisdictions. Finally, this Note will analyze the Hart decision by explaining the disagreement between the North Carolina Court of Appeals and the North Carolina Supreme Court on the rationale to be employed, and by noting how the stage is now set for further expansion of social host liability.
When A Hotel Is Your Home, Is There Protection? - Baker V. Rushing, Amy M. Campbell
When A Hotel Is Your Home, Is There Protection? - Baker V. Rushing, Amy M. Campbell
Campbell Law Review
First, this Note will provide a brief history of landlord-tenant law, tracing the common law through the development of pro-tenant reforms. Then, this Note examines the distinction between a tenant and a guest and the legal consequences of that distinction. This Note also discusses the rationale behind the Baker decision and its legal implication. This Note concludes with suggestions of the broader ramifications of Baker.
The Learned Profession Exemption Of The North Carolina Deceptive Trade Practices Act: The Wrong Bright Line?, Debra D. Burke
The Learned Profession Exemption Of The North Carolina Deceptive Trade Practices Act: The Wrong Bright Line?, Debra D. Burke
Campbell Law Review
This article will examine the North Carolina statute and the soundness of this exemption.
Prosecutorial Discretion And Substantial Assistance: The Power And Authority Of Judicial Review - United States V. Wade, John S. Austin
Prosecutorial Discretion And Substantial Assistance: The Power And Authority Of Judicial Review - United States V. Wade, John S. Austin
Campbell Law Review
This Note analyzes the Wade case and argues that the Supreme Court correctly found that a district court can review any prosecutorial decision when it is based on an unconstitutional basis. First, the Note addresses the case history and background behind "substantial assistance" and the Guidelines. Second, it analyzes the reasoning of the Court: whether the ruling furthers the purpose of the Guidelines; whether protections under the Due Process Clause apply; whether the ruling is consistant with other holdings concerning analogous prosecutorial powers; and whether a threshold showing of unconstitutional bias is a necessary prerequisite before review. Third, it discusses …
A Slash-And-Burn Expedition Through The Law Of Environmental Standing - Lujan V. Defenders Of Wildlife, Donald Strong Higley Ii
A Slash-And-Burn Expedition Through The Law Of Environmental Standing - Lujan V. Defenders Of Wildlife, Donald Strong Higley Ii
Campbell Law Review
The Lujan decision will be assessed firstly, by summarizing the decision in the Case section of this Note. Secondly, the Background section will explore the history of standing litigation with a focus on cases with factual similarities to Lujan. This exploration will include an analysis of the effect of the National Wildlife Federation [hereinafter NWF] case, thus demonstrating standing doctrine as it stood when Lujan was decided. Thirdly, in the Analysis section, three key aspects of the Lujan majority opinion will be analyzed, along with the dissenting and concurring opinions. This analysis will lead to the realization that the …
Functions Of Rule 12(B)(6) In The Federal Rules Of Civil Procedure: A Categorization Approach, Yoichiro Hamabe
Functions Of Rule 12(B)(6) In The Federal Rules Of Civil Procedure: A Categorization Approach, Yoichiro Hamabe
Campbell Law Review
The purpose of this article is to clarify the function of Rule 12(b)(6) under liberalized pleading. To achieve this clarification, this article examines the functions of Rule 12(b)(6) by using a categorization approach. Before entering the categorization, the previous controversies over the two opposing directions should be also considered. Accordingly, the functions of Rule 12(b)(6) were researched by reviewing several fundamental questions concerning this obscure Rule.
Post-Separation Failure To Support A Dependent Spouse As A Sole Ground For Alimony Despite The Absence Of Marital Misconduct Before Separation - Brown V. Brown, Elizabeth N. Rich
Post-Separation Failure To Support A Dependent Spouse As A Sole Ground For Alimony Despite The Absence Of Marital Misconduct Before Separation - Brown V. Brown, Elizabeth N. Rich
Campbell Law Review
This Note explores the developments in the policy behind awarding alimony, analyzes the rationale behind the court of appeals' decision in light of these developments, and concludes that future actions for alimony may be upheld where the supporting spouse is not responsible for the dissolution of the marriage, a result inconsistent with the direction that the policy behind awarding alimony has taken in recent years.