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- Emotional distress/North Carolina (2)
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- Child sexual abuse (1)
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- Loss of consortium/North Carolina (1)
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- Occupational safety and health/North Carolina (1)
- Peremptory challenges/Race (1)
- Punitive damages/North Carolina (1)
- Release/North Carolina (1)
- Shopping centers (1)
- Vicarious liability/North Carolina (1)
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- Workers' compensation/North Carolina (1)
Articles 1 - 14 of 14
Full-Text Articles in Law
Tort Law: The Negligent Infliction Of Emotional Distress - Reopening Pandora's Box - Johnson V. Ruark Obstetrics, Donna L. Shumate
Tort Law: The Negligent Infliction Of Emotional Distress - Reopening Pandora's Box - Johnson V. Ruark Obstetrics, Donna L. Shumate
Campbell Law Review
This Note will first trace the development of the negligent infliction of emotional distress in North Carolina case law. Second, the Note will explain the limitations on recovery adopted in other jurisdictions and explore the policies behind those limitations. Finally, this Note will analyze the Johnson decision by comparing its holding to the recent national trend and by noting problems that the North Carolina Supreme Court did not adequately address.
Dickens V. Puryear And Progeny: An Overview Of Recent North Carolina Case Law Concerning The Intentional Infliction Of Emotional Distress, William B. L. Little
Dickens V. Puryear And Progeny: An Overview Of Recent North Carolina Case Law Concerning The Intentional Infliction Of Emotional Distress, William B. L. Little
Campbell Law Review
This Survey is an overview of relative North Carolina caselaw since 1981 concerning the intentional infliction of emotional distress.
Municipal Annexation In North Carolina: A Look At The Past Decade, Steven W. Blevins
Municipal Annexation In North Carolina: A Look At The Past Decade, Steven W. Blevins
Campbell Law Review
Over the past decade North Carolina's annexation statutes have been the subject of much litigation. These challenges have taken numerous approaches in seeking to have the various annexation ordinances declared invalid. Many of these challenges have sought to have the statutes themselves declared invalid as a violation of both the United States Constitution and the North Carolina Constitution. Still other approaches have sought to have the actions of the annexing municipality declared illegal for failure to comply with these annexation statutes. One theme is visible throughout all of the challenges to annexation, the legislature has determined that annexation serves the …
Constitutional Admissibility Of Hearsay Under The Confrontation Clause: Reliability Requirement For Hearsay Admitted Under A Non-"Firmly Rooted" Exception - Idaho V. Wright, A. Perry Wadsworth Jr.
Constitutional Admissibility Of Hearsay Under The Confrontation Clause: Reliability Requirement For Hearsay Admitted Under A Non-"Firmly Rooted" Exception - Idaho V. Wright, A. Perry Wadsworth Jr.
Campbell Law Review
This note discusses the facts of Idaho v. Wright, examines the history of the admissibility of hearsay under the Confrontation Clause, and analyzes the Wright decision. This note concludes that by excluding the use of corroborative evidence in determining the trustworthiness of non-firmly rooted hearsay, the Court enhances Confrontation Clause protection for criminal defendants, but perhaps at the expense of some crime victims, such as sexually abused children.
Drafting, Interpreting, And Enforcing Commercial And Shopping Center Leases, John M. Tyson
Drafting, Interpreting, And Enforcing Commercial And Shopping Center Leases, John M. Tyson
Campbell Law Review
No abstract provided.
Contract Warranties And Remedies: A Comprehensive Survey Of The Creation, Modification And Exclusion Of Contract Warranties And Remedies For Attorneys And Contracting Professionals, Joseph J. Corey Jr.
Contract Warranties And Remedies: A Comprehensive Survey Of The Creation, Modification And Exclusion Of Contract Warranties And Remedies For Attorneys And Contracting Professionals, Joseph J. Corey Jr.
Campbell Law Review
This article discusses the types of warranties and remedies that are available by contract and by operation of the law. It also discusses how these warranties and remedies can be limited, waived, and excluded by contract language, actions of the parties, and operation of the law.
Another Step Towards Ending Discrimination In The Jury Selection Process - Powers V. Ohio, L. Phillip Hornthal Iii
Another Step Towards Ending Discrimination In The Jury Selection Process - Powers V. Ohio, L. Phillip Hornthal Iii
Campbell Law Review
This Note has four objectives. First, this Note will review the constitutional history behind Powers, involving racially motivated discrimination in the jury selection process. Second, this Note will analyze and discuss the Powers decision. Third, this Note will attempt to ascertain the impact of the decision. Finally, this Note will suggest that while Powers marks progress in the right direction, there are other important questions that need to be resolved before the jury selection process will be totally free from discrimination.
Intimate Injuries: Are There Constitutional Law Protections From Family Violence, J. Randall Patterson
Intimate Injuries: Are There Constitutional Law Protections From Family Violence, J. Randall Patterson
Campbell Law Review
In a national upsurge of domestic violence, often occurring in the home of the victim and often committed by a member of the family, the courts across the United States have been forced to define the limits of government protection from this most intimate form of abuse. It is estimated that each year as many as sixteen million women are injured from some form of spousal violence, and in 1989 alone nearly two and one-half million reports of child abuse were filed. When can an individual rely on state or police protection from this significant private danger? This reoccurring question, …
An Analysis Of The Retaliatory Employment Discrimination Act And Protected Activity Under The Occupational Safety And Health Act Of North Carolina, Dr. Michael R. Smith
An Analysis Of The Retaliatory Employment Discrimination Act And Protected Activity Under The Occupational Safety And Health Act Of North Carolina, Dr. Michael R. Smith
Campbell Law Review
On July 23, 1992, the North Carolina General Assembly ratified a law which will protect employees against discrimination and retaliatory action for particular job related activities. The law became effective on October 1, 1992 and applies to those accused of .violating it on or after that date. This article analyzes that law as it applies to the Occupational Safety and Health Act of North Carolina. The law appears in its entirety as an appendix in this paper.
The Release Provision Of The Uniform Contribution Among Tort-Feasors Act Applies To Vicarious Liability In The Master-Servant Context - Yates V. New South Pizza, Ltd., J. Elizabeth Spradlin
The Release Provision Of The Uniform Contribution Among Tort-Feasors Act Applies To Vicarious Liability In The Master-Servant Context - Yates V. New South Pizza, Ltd., J. Elizabeth Spradlin
Campbell Law Review
This Note will examine the court's decision in Yates v. New South Pizza. The Note will first address the facts of the case. Second, this Note will discuss the doctrines that affect the decision of the case. Third, this Note will discuss the enactment and purpose of the Uniform Contribution Among Tort-feasors Act. Fourth, this Note will analyze the Yates decision and its effect on the purpose of the Uniform Act. Fifth, this Note will explore the public policy behind the courts' ruling. Finally, this Note concludes that the Yates decision supports the equitable doctrine of respondeat superior by …
Judicial Activism Constructs Lenders' Nightmare - Embree Construction Group, Inc. V. Rafcor, Inc. And United Carolina Bank, Philip A. Mullins Iv
Judicial Activism Constructs Lenders' Nightmare - Embree Construction Group, Inc. V. Rafcor, Inc. And United Carolina Bank, Philip A. Mullins Iv
Campbell Law Review
This Note will offer a brief history of the case law developed prior to Embree and will analyze the rationale used by the North Carolina Supreme Court in order to make their determination to grant an equitable remedy in this particular case. Next, this Note will examine the holding in Embree and will advance the proposition that the holding in that case is a departure from pre:existing law and cannot be easily reconciled with the case law developed in earlier North Carolina decisions and decisions of Federal Courts applying North Carolina law. Finally, this Note will outline the potential problems …
Its Days Were Numbered: The Year And A Day Rule Falls In North Carolina - State V. Vance, Melanie Lewis Vtipil
Its Days Were Numbered: The Year And A Day Rule Falls In North Carolina - State V. Vance, Melanie Lewis Vtipil
Campbell Law Review
This Note has several objectives. It will describe the origins and early rationale for the rule, as well as trace its growth and later demise in North Carolina. In addition, it will analyze the court's decision and the factors that led up to it. Finally, it will explore the ramifications of the court's decision and determine if this was the proper course for the court to take.
A New Exception To The Exclusivity Provision Of The North Carolina Workers' Compensation Act - Woodson V. Rowland, Debbie Collins
A New Exception To The Exclusivity Provision Of The North Carolina Workers' Compensation Act - Woodson V. Rowland, Debbie Collins
Campbell Law Review
No abstract provided.
Examining Didonato'S Damage Limitations And Mandatory Joinder Requirements - Greer V. Parsons, John M. Mccabe
Examining Didonato'S Damage Limitations And Mandatory Joinder Requirements - Greer V. Parsons, John M. Mccabe
Campbell Law Review
This Note will outline the evolution of wrongful death actions, with particular attention being given to the inclusion of unborn children under the providing statutes. It also traces North Carolina's legislative and judicial treatment of wrongful death actions. Next, the Note will discuss the inconsistencies created by ruling that pecuniary loss and loss of society and companionship cannot be recovered as a matter of law in a wrongful death action brought on behalf of viable fetus. It will argue that instead ,of limiting recovery as a matter of law, such damages should be addressed on a case-by-case basis and the …