Open Access. Powered by Scholars. Published by Universities.®

Law Commons

Open Access. Powered by Scholars. Published by Universities.®

Articles 1 - 3 of 3

Full-Text Articles in Law

Federal Prosecution Of State And Local Officials Using Honest Services Mail Fraud: Where's The Line?, George E.B. Holding, Dennis M. Duffy, John Stuart Bruce Jan 2010

Federal Prosecution Of State And Local Officials Using Honest Services Mail Fraud: Where's The Line?, George E.B. Holding, Dennis M. Duffy, John Stuart Bruce

Campbell Law Review

Although there is little dispute that the mail fraud statute has become a valuable part of a federal prosecutor's arsenal, for years legal scholars have debated the extent to which the mail fraud statute should be used to prosecute corrupt state and local officials. In recent years, largely in response to the large number of high profile honest services fraud prosecutions, even members of the mainstream news media are beginning to seek guidance regarding the definition of honest services mail fraud. As noted by Professor George Brown, though the controversy over whether the national government should be responsible for prosecuting …


Cell Phone - A "Weapon" Of Mass Discretion, Mark L. Mayakis Jan 2010

Cell Phone - A "Weapon" Of Mass Discretion, Mark L. Mayakis

Campbell Law Review

Initially, this Comment will discuss the development of the search incident to arrest exception from the warrant requirement and how this exception has been generally defined and judicially interpreted. The next section will include a discussion of how the search incident to arrest exception has been applied to searches of the content stored within pagers. This Comment will then explain how modern cell phones have created difficulties for courts applying the search incident to arrest exception, causing these courts to diverge down two different lines of reasoning, ultimately reaching opposite conclusions. Finally, this Comment will reiterate the necessity that the …


One Tough Pill To Swallow: A Call To Revise North Carolina's Drug Trafficking Laws Concerning Prescription Painkillers, Evan M. Musselwhite Jan 2010

One Tough Pill To Swallow: A Call To Revise North Carolina's Drug Trafficking Laws Concerning Prescription Painkillers, Evan M. Musselwhite

Campbell Law Review

This Comment takes the position that when the legislature enacted the statute for trafficking in opium or heroin in 1979, it never intended the statute to apply to prescription drugs containing oxycodone and acetaminophen. The statute was enacted during America's "war on drugs," a time when the country was concerned with the rise of illegal street drugs such as heroin, LSD, cocaine, and marijuana, a time when prescription drug abuse was not nearly as prevalent as it is today and twenty years before Percocet was first introduced.