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Articles 1 - 11 of 11
Full-Text Articles in Law
The Psychology Behind Case Briefing: A Powerful Cognitive Schema, Leah M. Christensen
The Psychology Behind Case Briefing: A Powerful Cognitive Schema, Leah M. Christensen
Campbell Law Review
This article will first examine why case reading and analysis is challenging to new law students. It will then introduce "schema" theory as it is understood in the field of cognitive psychology and explore how it applies to legal case analysis. Finally, this article will offer various suggestions about how we can enhance our students' analytical skills. By learning more about the science behind cognition and how it applies to our students, we can increase our students' understanding of the complex legal materials they read during their first year of law school.
Avoidance Strategy: Same-Sex Marriage Litigation And The Federal Courts, William C. Duncan
Avoidance Strategy: Same-Sex Marriage Litigation And The Federal Courts, William C. Duncan
Campbell Law Review
This brief article examines the strategy of avoiding federal court review and federal constitutional claims for same-sex marriage. It first surveys the history of same-sex marriage litigation in the federal courts. It then turns to the question of why federal courts and claims have been avoided, identifying the most obvious explanation - a conscious strategic aim. The conclusions discussed in that section are exemplified in recent litigation in the Ninth Circuit. The article concludes with some comments on the policy implications of the strategy it describes.
Searching For The Fourth Amendment: In A Post-September 11th World, Does The Rationale Of The Fourth Circuit In United States V. Jenkins Reduce The Fourth Amendment Protections Of Individuals On Military Installations?, Ryan Leary
Campbell Law Review
This comment will begin by discussing how the Fourth Circuit's rationale in United States v. Jenkins could be interpreted as an exception to the Fourth Amendment's warrant and probable cause requirements on closed military installations. Next, this comment will establish the legal definition of a closed military base to determine the potential impact of any interpretation of the Fourth Circuit's decision in Jenkins. Then, this comment will analyze how Jenkins could be interpreted in both broad and narrow ways and why the narrower reading of the Jenkins opinion should be followed. This comment will then consider how other circuits have …
With Friends Like You, Who Needs A Jury? A Response To The Legitimization Of Conceding A Client's Guilt, Sharon G. Scudder
With Friends Like You, Who Needs A Jury? A Response To The Legitimization Of Conceding A Client's Guilt, Sharon G. Scudder
Campbell Law Review
In response to the potential impact of the Nixon decision on the important Sixth Amendment right to effective counsel for the accused, this comment reviews the current legal standard and then advances two proposals. First, Nixon should be narrowly interpreted, because permitting attorneys to concede guilt without client consent is completely inconsistent with the protections afforded guilty pleas and confessions and further weakens the constitutional protection of effective assistance of counsel. Second, the American Bar Association and state bar associations should specifically require express consent prior to a lawyer conceding a client's guilt as a matter of professional ethics within …
Austin's Intentions: A Critical Reconstruction Of His Concept Of Legal Science, Richard T. Bowser, J. Stanley Mcquade
Austin's Intentions: A Critical Reconstruction Of His Concept Of Legal Science, Richard T. Bowser, J. Stanley Mcquade
Campbell Law Review
No abstract provided.
Kelo And The Games People Play: A Game-Theoretic Analysis Of Kelo V. City Of New London, Derek K. Yonai
Kelo And The Games People Play: A Game-Theoretic Analysis Of Kelo V. City Of New London, Derek K. Yonai
Campbell Law Review
This article argues that the Court's holding creates an incentive for private developers to rent-seek by asking local governments to transfer private property to them instead of purchasing it in the private market. Likewise, the Court's holding creates incentives for local governments to take private property pursuant to their eminent domain powers.
Exceptional Circumstances: The Material Benefit Rule In Practice And Theory, Clay B. Tousey Iii
Exceptional Circumstances: The Material Benefit Rule In Practice And Theory, Clay B. Tousey Iii
Campbell Law Review
The collapse of Starr's seemingly meritorious claim and the court's interestingly inconsequential mention of Section 86 raise the motivating questions of this article. First, is Section 86 and the "material benefit rule" it embodies ever applied in court, and, if so, can a unifying theme be found between those cases in which courts choose to enforce the post-benefit promise and those in which they do not?
"Don't Know What A Slide Rule Is For:" The Need For A Precise Definition Of Public Purpose In North Carolina In The Wake Of Kelo V. City Of New London, Michael Mcknight
"Don't Know What A Slide Rule Is For:" The Need For A Precise Definition Of Public Purpose In North Carolina In The Wake Of Kelo V. City Of New London, Michael Mcknight
Campbell Law Review
This comment, in Part I, traces the gradual erosion and decline of the public purpose doctrine in North Carolina from its roots in the Constitution of 1868 to recent North Carolina court decisions interpreting its meaning and scope. In examining the public purpose doctrine as it is addressed in North Carolina case law, four distinct categories of cases where the term has been invoked and applied are analyzed. Part II proffers a definition of "public purpose" as set forth by the cases discussed in Part I and proposes a more stringent test for courts and public bodies to apply in …
"Inevitable Inequities:" The Public Duty Doctrine And Sovereign Immunity In North Carolina, G. Braxton Price
"Inevitable Inequities:" The Public Duty Doctrine And Sovereign Immunity In North Carolina, G. Braxton Price
Campbell Law Review
This comment first examines the muddled past of the application of the public duty doctrine by the Court of Appeals and the Supreme Court of North Carolina with the aim of showing that it is unworkable, confusing, and unjust. Second, it suggests the Supreme Court of North Carolina should completely abrogate the public duty doctrine in deference to the legislature's intent to waive sovereign immunity to the extent it has done so in the Tort Claims Act. Finally, in its stead, an alternative approach is offered. The North Carolina Supreme Court should adopt a traditional negligence standard of reasonable care …
A Morass Of Confusion And Inconsistency: The Application Of The Doctrine Of Nullum Tempus Occurrit Regi In North Carolina, Thomas R. Young
A Morass Of Confusion And Inconsistency: The Application Of The Doctrine Of Nullum Tempus Occurrit Regi In North Carolina, Thomas R. Young
Campbell Law Review
Given the courts' and legislature's desire to maintain the doctrine of nullum tempus, the need for guiding principles of application is great. This article seeks to piece together the disparate guiding principles the courts have articulated regarding the nullum tempus doctrine from its initial introduction in North Carolina to the present time. Secondarily, the article will explore the case for modification of the current interpretation of the doctrine so as to provide a more uniform and consistent application to governmental actions. In so doing, an inquiry will be made into the approach other jurisdictions upholding nullum tempus take toward applying …
The Future Of Music In A Digital Age: The Ongoing Conflict Between Copyright Law And Peer-To-Peer Technology, Lori A. Morea
The Future Of Music In A Digital Age: The Ongoing Conflict Between Copyright Law And Peer-To-Peer Technology, Lori A. Morea
Campbell Law Review
This article explains the issues that have surfaced as a result of the development of new technology and peer-to-peer networks, as well as civil lawsuits the recording industry has pursued against infringers.