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Full-Text Articles in Constitutional Law
State Constitutions And Summary Judgment, Marcus Gadson
State Constitutions And Summary Judgment, Marcus Gadson
Scholarly Works
Is summary judgment constitutional? Scholars have passionately debated the question in recent years. But they have made an important oversight. State courts hear more than fifty times as many cases a year as federal courts do. Whatever state courts decide with regard to summary judgment will affect vastly more litigants than what federal courts do. At the same time, states have largely adopted federal summary judgment standards and cases interpreting them. Yet scholars considering whether summary judgment is constitutional have focused all of their attention on the Seventh Amendment. They have entirely failed to consider state constitutional jury trial guarantees. …
A Primer On North Carolina And Federal Use Of Force Law: Trends In Fourth Amendment Doctrine, Qualified Immunity, And State Law Issues, J. Michael Mcguinness
A Primer On North Carolina And Federal Use Of Force Law: Trends In Fourth Amendment Doctrine, Qualified Immunity, And State Law Issues, J. Michael Mcguinness
Campbell Law Review
This Article analyzes recent trends and updates the status of use of force law under North Carolina and federal standards.
In Vino Veritas: Does The Twenty-First Amendment Really Protect A State's Right To Regulate Alcohol? An Overview Of The North Carolina Wine Industry And The Continuing Wine Distribution Litigation, Christian Hart Staples
In Vino Veritas: Does The Twenty-First Amendment Really Protect A State's Right To Regulate Alcohol? An Overview Of The North Carolina Wine Industry And The Continuing Wine Distribution Litigation, Christian Hart Staples
Campbell Law Review
The purpose of this Comment is to examine some important legal issues affecting the state's winemaking industry. In particular, this Comment will address the continuing litigation that the direct shipment of wine to consumers has spawned throughout the country, and the effect of the Twenty-first Amendment on states' rights to control their own alcohol regulatory schemes. The author also hopes that this Comment will spark more interest in North Carolina wine.
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 …
"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 …