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Articles 1 - 16 of 16
Full-Text Articles in Law
Criminal Procedure: The Admissibility Of A Criminal Defendant's Hypnotically Refreshed Testimony - Rock V. Arkansas, Audrey Cooper
Criminal Procedure: The Admissibility Of A Criminal Defendant's Hypnotically Refreshed Testimony - Rock V. Arkansas, Audrey Cooper
Campbell Law Review
This Note discusses the nature and history of hypnosis and supports the Rock Court's holding as the correct approach. The procedural safeguards approach decreases risks associated with hypnosis that may adversely affect the reliability of a defendant's subsequent testimony and protects a defendant's constitutional right to testify in her own behalf. This approach allows a court to admit hypnotically enhanced testimony where there are indices that the testimony is reliable and advances our judicial system's search for the truth.
Constitutional Rights Of Students, Their Families, And Teachers In The Public Schools, Norman B. Smith
Constitutional Rights Of Students, Their Families, And Teachers In The Public Schools, Norman B. Smith
Campbell Law Review
This article searches for resolutions of constitutional conflicts, not only between the state as public school administrator and individual students, parents, and teachers, but also among the competing constitutional demands of the individuals whose interests are affected by the system of public education. Part II of this article addresses the public interests and values in which the educational system is rooted. Part III identifies and discusses the first amendment rights at stake in public education: freedom of expression; the right to receive communication; freedom of religion; and the protection against establishment of religion and familial childrearing rights. Part IV contains …
Martinez, Oliphant And Federal Court Review Of Tribal Activity Under The Indian Civil Rights Act, Robert Laurence
Martinez, Oliphant And Federal Court Review Of Tribal Activity Under The Indian Civil Rights Act, Robert Laurence
Campbell Law Review
No abstract provided.
Criminal Procedure: The Supreme Court Takes A Stance With Plain View Searches And Seizures - Arizona V. Hicks, Tonya C. Cumalander
Criminal Procedure: The Supreme Court Takes A Stance With Plain View Searches And Seizures - Arizona V. Hicks, Tonya C. Cumalander
Campbell Law Review
This Note will assess the ramifications and effect of Arizona v. Hicks on existing search and seizure law and law enforcement in general. Further, it will propose and evaluate a more flexible alternative approach that the Court could have taken.
Constitutional Law: Is Time Running Out For The Government To Dispute Regulatory Takings - Irst English Evangelical Lutheran Church V. City Of Los Angeles, Sharon A. Woodard
Constitutional Law: Is Time Running Out For The Government To Dispute Regulatory Takings - Irst English Evangelical Lutheran Church V. City Of Los Angeles, Sharon A. Woodard
Campbell Law Review
This Note will trace the evolution of regulatory "temporary" takings from its roots in traditional eminent domain law and examine the practical effects of the Court's decision on regulatory takings analysis. The analysis will specifically question what period of time during the pendency of takings litigation will constitute a "considerable" enough length of time that it becomes a factor in takings analysis and remedies. This Note will conclude that although the First English decision will increase the number of challenges to regulator actions and increase regulator liability it probably will not enhance the actual compensation amount that aggrieved landowners receive.
The Battle At Little Big Horn Has Moved To Raleigh - Is This Custer's Last Stand Against Tort Reform?, John Marshall
The Battle At Little Big Horn Has Moved To Raleigh - Is This Custer's Last Stand Against Tort Reform?, John Marshall
Campbell Law Review
This Comment examines some aspects of the civil justice system in this state, highlights a few of the opposing parties' views on the need for tort reform in North Carolina, and examines proposed solutions currently under consideration by the General Assembly. This Comment will attempt to show that civil justice system reform is not needed in North Carolina and that the legislative enactment of such proposals will prevent proper legal redress for injured residents in this state and require those same residents to subsidize the recoveries of injured parties in other states.
Contracts: Is Promissory Estoppel Forever Estopped In North Carolina - Home Electric Co. Of Lenoir, Inc. V. Hall & (And) Underdown Heating & (And) Air Conditioning Co., Lu Ann Brown
Campbell Law Review
This Note questions the North Carolina Court of Appeals decision in Home Electric Co. of Lenoir, Inc. v. Hall & Underdown Heating & Air Conditioning Co. This Note discusses sections 90 and 87(2) of the Restatement (Second) of Contracts and their corresponding comments and illustrations; the North Carolina Supreme Court decision in Wachovia Bank and Trust v. Rubish; and the rationale of the Fourth Circuit Court of Appeals in Allen M. Campbell Co. v. Virginia Metal Industries, which allowed the affirmative use of the promissory estoppel doctrine in a construction bidding case. This Note also examines the majority …
Constitutional Law - Preemption Of State Common Law Actions Against Cigarette Manufacturers By The Federal Cigarette Labeling And Advertising Act: Have Smokers Taken Their Last Puff To Hold Tobacco Companies Liable Under A State Tort Claim? - Palmer V. Liggett Group, Inc., Lora B. Greene
Campbell Law Review
This Note will examine the Act and the scope of its preemption provision. In addition, this Note will illustrate how the Palmer court analyzed prior cases to elevate the immunity of cigarette manufacturers and will also review the status of the law prior to and after Palmer. The main thrust of this Note is how the Palmer decision, by driving another nail in the preemption coffin for state common law claims against cigarette manufacturers, effectively slammed the lid on these cigarette manufacturer liability suits and requires dismissal of future suits based on inadequate warning labels.
Erisa Spendthrift Rules - It Just Shouldn't Be This Hard, Ronald I. Kirschbaum
Erisa Spendthrift Rules - It Just Shouldn't Be This Hard, Ronald I. Kirschbaum
Campbell Law Review
On August 9, 1984, Congress passed the Retirement Equity Act (REA). Signed into law on August 23, 1984, this Act had, as one of its purposes, the clarification of the confusion concerning the anti-alienation rules originally adopted ten years earlier. Unfortunately, this most laudable endeavor, carried out with very limited objectives, was without a view towards the creation of a comprehensive and workable statutory framework. As will be seen, the creation of the Qualified Domestic Relations Order (QDRO) by the REA, establishes an island of relative certainty. This island sits, however, in a sea of assumption and supposition leaving plan …
Mail-Order Ministries Under The Section 170 Charitable Contribution Deduction: The First Amendment Restrictions, The Minister's Burden Of Proof, And The Effect Of Tra '86, Anthony L. Scialabba, Melissa B. Kurtzman, Lance J.M. Steinhart
Mail-Order Ministries Under The Section 170 Charitable Contribution Deduction: The First Amendment Restrictions, The Minister's Burden Of Proof, And The Effect Of Tra '86, Anthony L. Scialabba, Melissa B. Kurtzman, Lance J.M. Steinhart
Campbell Law Review
This article will concern the "section 170 deduction method" of establishing a mail-order ministry. Part II examines the constitutional restraints that present problems to the IRS and the courts when they attempt to challenge this tax avoidance scheme. Part III sets forth the problems that the IRS and the courts face with mailorder ministry schemes. Part IV discusses the section 170 deduction method. Finally, Part V provides a summary and conclusion of the article.
The Doctrine Of Wrongful Discharge In North Carolina: The Confusing Path From Sides To Guy And The Need For Reform, J. Michael Mcguinness
The Doctrine Of Wrongful Discharge In North Carolina: The Confusing Path From Sides To Guy And The Need For Reform, J. Michael Mcguinness
Campbell Law Review
This article will analyze Sides, Guy, and other authorities relevant to the development of the doctrine of wrongful discharge in North Carolina. With support from recent commentary, this article concludes that the true meaning of the North Carolina public policy exception is not limited to the facts of Sides. Rather, Sides and earlier authorities provide that abusive employee discharges in violation of established public policy are not insulated by the at will rule.
Criminal Procedure - North Carolina's New Approach To Recanted Testimony - State V. Britt, Walter L. Jones
Criminal Procedure - North Carolina's New Approach To Recanted Testimony - State V. Britt, Walter L. Jones
Campbell Law Review
This Note will discuss how other jurisdictions have attempted to deal with recanted testimony and the criticisms directed toward these methods. This Note will further discuss why the modified version of the Larrison rule, as adopted by the North Carolina Supreme Court, is immune from these same criticisms. With Britt, the court seems to have adopted Larrison's positive principles without adding fuel to the conflict that decision created.
Domestic Relations - Post-Separation Sexual Intercourse Precludes Enforcement Of Agreement Requiring Parties To Live Separate And Apart - Higgins V. Higgins, Gerald H. Groon Jr.
Domestic Relations - Post-Separation Sexual Intercourse Precludes Enforcement Of Agreement Requiring Parties To Live Separate And Apart - Higgins V. Higgins, Gerald H. Groon Jr.
Campbell Law Review
This Note will identify how the majority in Higgins analyzed prior case law to derive a legal definition for the term "separate and apart." This Note will also serve as a caveat to the legal community. The Higgins decision resulted from the couple's failure to abide by the terms of a condition precedent that had been inserted into a property settlement provision of the separation agreement. The decision should be confined to its narrow facts. The case does however deserve close scrutiny. Application by subsequent courts of the Higgins ruling as precedent for the proposition that isolated acts of sexual …
The Unrelated Business Taxable Income Of Social Clubs: An Analysis Of Section 512(A)(3)(A), Cleveland Athletic Club, Inc. V. United States, And Brook, Inc. V. C.I.R., Anthony L. Scialabba
The Unrelated Business Taxable Income Of Social Clubs: An Analysis Of Section 512(A)(3)(A), Cleveland Athletic Club, Inc. V. United States, And Brook, Inc. V. C.I.R., Anthony L. Scialabba
Campbell Law Review
This article examines the unrelated business income taxation of social clubs, the Brook and the Cleveland Athletic Club cases, which opinion is correct and why, and the ramifications of these decisions.
Tort Law - The Expansion Of The Viable Fetus Wrongful Death Action - Parents' Individual Claim For Negligent Infliction Of Emotional Distress Caused By Concern For A Third Party: The Viable Fetus - Johnson V. Ruark Obstetrics, Bruce Batchelor
Campbell Law Review
This Note will examine the rationale of the Johnson decision and illustrate how a parent's claim for negligent infliction of emotional distress is a natural extension of a viable fetus wrongful death action. Also, the Note addresses why the Johnson case provides a concrete example for the policy that the business of the courts is to make precedent where a wrong calls for redress, even if lawsuits must be multiplied.
Consumer Protection - The Unfair Trade Practices Act And The Insurance Code: Does Per Se Necessarily Preempt? - Pearce V. American Defender Life Insurance Co., Cindy C. Heenan
Campbell Law Review
This Note will address two main issues. The first issue is whether a violation of the Insurance Code regulatory section entitled "Unfair Trade Practices" should be a per se unfair trade practice under the UTPA. The second is whether the Insurance Code preempts the UTPA in defining unfair insurance practices.