Law Commons^™

The North Carolina Farm Machinery Franchise Act: Its Provisions, Context And Contribution To The Law Of Franchising, Paul C. Ridgeway

Campbell Law Review

This comment examines the FMFA as it applies to the agricultural implement industry as well as its context in regard to the generic franchise relationship. The provisions of the Act are set forth and discussed. Finally, certain provisions of the Act are critically examined and potential interpretations are offered.

Estate Planning Considerations For The North Carolina Principal And Income Act Of 1973, James W. Narron

Campbell Law Review

Unless the governing instrument makes another provision, the Act applies to regulate the allocation of income and expense between the income and principal interests of a trust or estate. Accordingly, draftsmen who do not expressly exempt the fiduciary from the provisions of the Act or simply give the fiduciary standard North Carolina powers by incorporating by reference the provisions of N.C. Gen. Stat. § 32-27 are directing by default that the provisions of the Act apply to govern the allocation made by the fiduciary. This article will explore some of the consequences of each choice and will provide a framework …

Criminal Procedure - Defendant's Due Process Right To A Psychiatric Expert - Ake V. Oklahoma, William D. Auman

Campbell Law Review

This note analyzes the public policy implications of the Ake decision while considering the resulting impact on North Carolina. The note also evaluates the soundness of the decision with respect to the requirement of a preliminary showing. Finally, recommendations for implementing the Ake rule are discussed while examining whether "access to a competent psychiatrist" is in fact a standard of constitutional disadvantage for the indigent criminal defendant.

The Dual Sovereignty Doctrine Extended To Successive State Prosecutions - Heath V. Alabama, Clifton Walker Homesley

Campbell Law Review

The purpose of this note is to emphasize that while the dual sovereignty doctrine is legally sound in its application to successive prosecutions by different states, care must be taken to prevent abuse of the doctrine. This note proposes that individual states develop consistent policies to deal with the unique situation in which the facts of the case allow for the possibility of successive prosecutions. By doing this, the states can assure that the operation of the doctrine will not result in an injustice to the defendant.

Obscenity: The Justices' (Not So) New Robes, Michael Kent Curtis

Campbell Law Review

The first portion of this article examines obscenity regulation both in the federal arena and in North Carolina and looks briefly at how we got to where we are today. The second part examines the current North Carolina statute and the constitutional problems which are inextricably connected with it. The final section considers directions that the courts (or legislature) should take in consideration of the new North Carolina statute.

The Concept Of Religion In State Constitutions, Kent Greenawalt

Campbell Law Review

The two central questions I address are the following: (1) If my claims about interpreting the federal constitution are sound, are they also intrinsically sound for state constitutions that contain different language? (2) Is it always, or sometimes, essentially self-defeating for state courts to define religion in a way different from what is embodied in federal law?

Unfair And Deceptive Legislation: The Case For Finding North Carolina General Statutes Section 75-1.1 Unconstitutionally Vague As Applied To An Alleged Breach Of A Commercial Contract, Thomas A. Farr

Campbell Law Review

The North Carolina General Assembly enacted the Unfair and Deceptive Trade Practices Act in 1969. The original purpose of the act was to protect consumers from predatory business practices. Nonetheless, the North Carolina Supreme Court has sanctioned an expanded application of the act to cases involving sophisticated commercial parties. This article will attempt to demonstrate that it is poor public policy to apply section 75-1.1 to cases based upon an alleged breach of a commercial contract and that in at least those instances section 75-1.1 is unconstitutionally vague.

Constitutional Law - A New Twist To The Law Of Defamation - Dun & (And) Bradstreet, Inc. V. Greenmoss Builders, Inc., Benita A. Lloyd

Campbell Law Review

This Note will illustrate how Dun & Bradstreet immensely elevates the distinction between public and private concerns when evaluating what speech deserves first amendment protection in defamation cases. The main thrust is on the deficiencies of the Dun & Bradstreet opinion, and how the Court, although given this opportunity to clarify this area of the law, created greater confusion instead.

Section 337 Jurisdiction And The Forgotten Remedy, Janet Saxon, Paul Newhouse

Campbell Law Review

No abstract provided.

Property Law - Waiver Of Closing Date In Land Sales Contracts In North Carolina - Fletcher V. Jones, Ricky L. Griffin

Campbell Law Review

This Note will demonstrate that the Fletcher court erred in holding that a land sale contract closing date could be waived. This Note will show that the court misapplied the doctrine of waiver to a land sale contract closing date, the court erroneously concluding that the seller was estopped from contending that reasonable time for performance should be computed from that date. Additionally, this Note will also show that the court modified the contract closing date for the purpose of computing a reasonable time for performance, a result that the parties themselves could not have reached without a written modification …

Damages And Problems Of Proof With Planted Nonconforming Seeds, Kemp Burpeau

Campbell Law Review

This Article examines the factors necessary for recovery of damages for nonconforming seeds.

Wrong Without A Remedy - North Carolina And The Wrongful Death Of A Stillborn, Susan D. Crooks

Campbell Law Review

This comment ... presents a legal argument supporting a civil action for the wrongful death of some stillborns and suggests that a gestational age of twenty-six weeks represents an appropriate viability standard in interpreting the North Carolina wrongful death statute. It also attempts to bridge the perceptual gap between certain aspects of medical and social sciences and the law regarding the fetus. The argument in support of the twenty-six week viability standard is presented in four parts. First, this comment illustrates why the fetus now enjoys an elevated status in society. Second, it illustrates the devastating impact of a stillbirth …

Alumni Newsletter - Issue No. 26, University Of Maine School Of Law

Maine Law Magazine

Highlights

• Paula Craighead, ’80 to Lead Alumni/ae Association in 1987
• Dean’s Column
• Faculty and Staff Notes
• Alumni in the News
• 8^th Annual Law School Road Race

Alumni Newsletter - Issue No. 25, University Of Maine School Of Law

Maine Law Magazine

Highlights:

• Archibald Cox Keynotes 3^rd Year Program
• Dean’s Column
• Faculty and Staff Notes
• Law School Graduates 79 on May 25
• Alumni in the News

Non-Determinative Discrimination, Mixed Motives, And The Inner Boundary Of Discrimination Law, Sam Stonefield

Faculty Scholarship

This Article describes a form of discrimination – called non-determinative discrimination – that involves types of conduct that are not covered by current doctrine but that should be protected in order to serve the purposes of the laws against discrimination. It addresses the issue of mixed-motive discrimination and anticipates (and provides a framework for) the hostile environment claims of the 1990s.

Crossing The Line: Issues Facing Entertainment Attorneys Engaged In Related Secondary Occupations, Donna G. Cole-Wallen

UC Law SF Communications and Entertainment Journal

What restrictions confront entertainment attorneys who become so involved in the affairs of their clients that they either inadvertently or purposely cross the line between personal representation and the functions of a talent agent or personal manager? Artists need protection in the marketplace. Attorneys want to provide such protection but, given current industry practices, they are at a disadvantage to do so. The author explores-the existing statutory, artists' union, and professional responsibility restraints and determines that the time may have come to change the rules. In conclusion, the author suggests alternative measures to alleviate the problem.

Preferred Communications, Inc. V. Los Angeles: Broadening Cable's First Amendment Rights And Narrowing Cities' Franchising Powers, D. Scott Shaffer

UC Law SF Communications and Entertainment Journal

Since its advent, cable television has confused legislatures, courts, and commentators who have grappled with which first amendment regulatory model to apply to the medium-that of print, broadcast, or some hybrid of both. Preferred Communications, Inc. v. Los Angeles provides an opportunity to reduce the confusion. This commentary reviews the developmental and regulatory history of cable, discusses the background of the case, analyzes the United States Court of Appeals for the Ninth Circuit's opinion, and comments on the United States Supreme Court's opinion. Although the Supreme Court stopped short of endorsing a particular first amendment regulatory model, the author argues …

Three Affiliated Tribes V. Wold Engineering (1986), United States Supreme Court, Sandra Day O'Connor

US Government Documents related to Indigenous Nations

Three Affiliated Tribes v. Wold Engineering is a case that forced the United States (US) Supreme Court to clarify US Public Law 83-280 (typically referred to as Public Law 280). Due to a lack of clarity in US Public Law 280, when the Three Affiliated Tribes attempted to sue Wold Engineering for breach of contract, North Dakota (ND) state courts told the tribes that they were unable to preside over a case between a sovereign nation and a private business. The ND Supreme Court held that the tribes would have to give up tribal sovereignty if they wanted to try …

Constitutional Law - Mental Health - The Mentally Handicapped Do Not Consitute A Quasi-Suspect Class For Purposes Of Equal Protection Analysis, Kathryn J. Apostal

North Dakota Law Review

No abstract provided.

North Dakota Supreme Court Review, North Dakota Law Review Associate Editors

North Dakota Law Review

No abstract provided.

An Open Letter To The North Dakota Attorney General Concerning Search And Seizure Law And The Exclusionary Rule, Thomas M. Lockney

North Dakota Law Review

No abstract provided.

Use Of The Model Form Operating Agreement For The Creation And Enforcement Of A Security Interest, Fred C. Rathert

North Dakota Law Review

No abstract provided.

A Response To The Proposed Establishment Of An Administrative Agency To Create And Enforce Rules Regarding Police Conduct, Nevin Van De Streek

North Dakota Law Review

No abstract provided.

Legislative And Judicial Interaction In Insurance Law, Thomas O. Smith

North Dakota Law Review

No abstract provided.

Divorce - Parent And Child - North Dakota's Interprertation Of The Interplay Between The Pkpa And The Uccja, Teri Hennemann

North Dakota Law Review

No abstract provided.

Search And Seizure - Fourth Amendment - The Inclusion Of Motor Homes Within The Scope Of The Automobile Exception To The Fourth Amendment Warrant Requirement, Sylvia N. Steenson-Kloster

North Dakota Law Review

No abstract provided.

Transcript Of Proceedings Of The Eighty-Fourth Annual Meeting Of The North Dakota State Bar Association, North Dakota State Bar Association

North Dakota Law Review

No abstract provided.

Is Good Faith Insurance Contracts A Two-Way Street, John J. Dobbyn

North Dakota Law Review

No abstract provided.

Corporate Behavior And The Minority Shareholder: Contrasting Interpretations Of Section 10-19.1-115 Of The North Dakota Century Code, Charles D. Macdonald

North Dakota Law Review

No abstract provided.

Insurance - Contracts - The Ambiguity In The Doctrine Of Reasonable Expectations, Kenneth J. Horner Jr.

North Dakota Law Review

No abstract provided.