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Articles 1 - 10 of 10
Full-Text Articles in Law
Legal Education And Financial Planning: Preparation For The Multidisciplinary Practice Future, George Steven Swan
Legal Education And Financial Planning: Preparation For The Multidisciplinary Practice Future, George Steven Swan
Campbell Law Review
The following pages address the growing drive toward multidisciplinary practice (MDP) for attorneys. They identify the Big Five accounting firms as the engine of this drive.
If You Can't Say Something Nice, Don't Say Anything At All: Hill V. Colorado And The Antiabortion Protest Controversy, Christy E. Wilhelm
If You Can't Say Something Nice, Don't Say Anything At All: Hill V. Colorado And The Antiabortion Protest Controversy, Christy E. Wilhelm
Campbell Law Review
No abstract provided.
Excess Condemnation - Must The Interest Condemned In Private Property Be Proportional To The Public Use? - The Effect Of City Of Charlotte V. Cook, Kimberly A. Baxley
Excess Condemnation - Must The Interest Condemned In Private Property Be Proportional To The Public Use? - The Effect Of City Of Charlotte V. Cook, Kimberly A. Baxley
Campbell Law Review
This note will examine the North Carolina Supreme Court's decision in City of Charlotte v. Cook. Part II of the note sets out the factual background and issues raised by the Cook decision and details the reasoning of both the North Carolina Court of Appeals and the North Carolina Supreme Court in ruling on the issues. Part III analyzes the Supreme Court's holding and concludes that greater judicial scrutiny of eminent domain practices is essential to protect the private property owner from abusive takings.
Application Of The Uniform Commercial Code To Option Contracts For The Sale Of Goods, And Implying Promises To Find Sufficient Consideration: Why And How The North Carolina Supreme Court Got It Wrong In Fordham V. Eason, James T. Newman Jr.
Campbell Law Review
The North Carolina Supreme Court rarely ventures into cases involving contract disputes. However, in Fordham v. Eason, the court granted discretionary review to decide which of two logging companies had title to certain timber that each company had separately bargained for. In its analysis, the court's discussion of consideration was incomplete. Further, the court erred by refusing to apply the Uniform Commercial Code to an option contract for the sale of timber. This article explores the mistakes in the Fordham opinion and examines why the court will probably have to reevaluate its decision at some point in the future.
A Fourth Amendment Problem With Probation In North Carolina, Stacy C. Eggers Iv
A Fourth Amendment Problem With Probation In North Carolina, Stacy C. Eggers Iv
Campbell Law Review
No abstract provided.
Santa Fe Independent School District V. Doe: The Constitutional Complexities Associated With Student-Led Prayer, Jennifer Carol Irby
Santa Fe Independent School District V. Doe: The Constitutional Complexities Associated With Student-Led Prayer, Jennifer Carol Irby
Campbell Law Review
No abstract provided.
The Pursuit Of Proceeds By Plans, Participants And Plaintiffs' Lawyers: Dissonant Solutions To An Alliterative Problem, John R. Cella Jr.
The Pursuit Of Proceeds By Plans, Participants And Plaintiffs' Lawyers: Dissonant Solutions To An Alliterative Problem, John R. Cella Jr.
Campbell Law Review
With emphasis on developments in the Fourth Circuit, this Article first describes the pursuit's origination in plan language and ERISA's statutory provisions; it then explores ERISA preemption and cases in which injured participants invoke state statutory and common law to contradict plan terms. A review of the attorney's role follows, including an inquiry into issues concerning attorney fees. With consideration of policies behind ERISA, the Article concludes that adherence to well-drafted plan terms legitimizes the parties' bargain, avoids development of disparate federal common law, and facilitates the allocation of proceeds.
Personal Jurisdiction And The Internet: Is A Home Page Enough To Satisfy Minimum Contacts?, Kevin R. Lyn
Personal Jurisdiction And The Internet: Is A Home Page Enough To Satisfy Minimum Contacts?, Kevin R. Lyn
Campbell Law Review
This paper reviews the Internet in general and the law concerning personal jurisdiction. Recent federal cases are considered in which Internet home pages have been both successfully and unsuccessfully asserted as a basis for personal jurisdiction. Thereafter, the law in this area is summarized and the various viewpoints on the issue are presented, including opinions posted on the Internet itself. Lastly, this paper summarizes the issue of personal jurisdiction and the Internet and presents some possible recommendations for the Internet user.
West V. Nationwide Credit, Inc. - Third Party Communication Clarified In The Fair Debt Collection Practices Act, Brian Keith Faulkner
West V. Nationwide Credit, Inc. - Third Party Communication Clarified In The Fair Debt Collection Practices Act, Brian Keith Faulkner
Campbell Law Review
This Note begins with an overview of the Fair Debt Collection Practices Act (FDCPA). A discussion of its purpose, scope, and to whom it applies is included. Further discussion includes the protection the FDCPA offers to consumers, specifically provisions of the Act that deal with third party contacts and communications. Finally, the discussion analyzes the West holding and its impact on the debt-collection industry in North Carolina.
Of Moons, Thongs, Holdings And Dicta: State V. Fly And The Rule Of Law, Thomas L. Fowler
Of Moons, Thongs, Holdings And Dicta: State V. Fly And The Rule Of Law, Thomas L. Fowler
Campbell Law Review
Section I of this Article reviews the facts of State v. Fly, North Carolina's law of indecent exposure prior to Fly and the Court of Appeals' decision. Section II analyzes the Supreme Court's opinion in Fly and the various rationales offered by the Court to justify its decision. Section III considers the plight of the trial judges in applying the principles, statements, and analysis announced in State v. Fly. Although trial judges must apply the rule of law, and therefore must abide by the "holding" in State v. Fly, this Article argues that trial judges have the same authority as …