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Full-Text Articles in Law
Theseus In The Labyrinth: How State Constitutions Can Slay The Procedural Minotaur, Marcus Alexander Gadson
Theseus In The Labyrinth: How State Constitutions Can Slay The Procedural Minotaur, Marcus Alexander Gadson
Scholarly Works
Civil procedure is one of the biggest hurdles to access to justice. An array of rules and interpretations of those rules have turned lawsuits into meandering mazes with a procedural minotaur waiting to gobble up meritorious claims. The problem is especially acute for the many Americans without abundant resources or access to a lawyer. Fortunately, there is a ready remedy, albeit one access to justice advocates have ignored: state constitutions. Forty state constitutions, which protect hundreds of millions of Americans, generally guarantee "[t]hat all courts shall be open, and every person, for an injury done him in his person, property …
After All This Time: An Analysis Of The Recent Trend To Extend Truth-In-Lending-Style Disclosures To Commercial-Financing Transactions, Kelly W. Cline
After All This Time: An Analysis Of The Recent Trend To Extend Truth-In-Lending-Style Disclosures To Commercial-Financing Transactions, Kelly W. Cline
Campbell Law Review
The Truth in Lending Act of 1968 (TILA) was designed to protect consumers by implementing uniform disclosures for consumer financing transactions and by creating substantive consumer protections. While TILA has been amended over the past fifty years to reflect modern needs, it has always remained a consumer financing law. Over the past few years, however, states have challenged that notion by passing laws which require TILA-inspired disclosures for certain commercial-financing trans-actions. And at the federal level, a bill was introduced in the United States House of Representatives (House Bill) that would expand TILA to commercial-financing transactions falling below a certain …
Restoring Balance To The Federal Tax-Exemption Regime’S Treatment Of Hospitals: Let Their Actions Speak Louder Than Their Charters, Nicholas Archibald
Restoring Balance To The Federal Tax-Exemption Regime’S Treatment Of Hospitals: Let Their Actions Speak Louder Than Their Charters, Nicholas Archibald
Campbell Law Review
The tax-exemption system for American hospitals was created both to optimize care for those who cannot afford it and to encourage good deeds by hospitals. But despite well-intentioned attempts by the IRS to implement these lofty policy goals, for-profit hospitals today pay taxes despite at times providing more public benefit than their nonprofit brethren while nonprofit hospitals are incentivized to seek profit rather than provide free care. This rise of this state of affairs coincides with changes by the IRS to the standards required to obtain the exemption. Originally, the nonprofit system operated on a quid pro quo model, where …
Trafficking-In And Harvesting Tax Benefits May Be Subject To Restrictions And Limitations, Ray A. Knight, Dr. Lee G. Knight
Trafficking-In And Harvesting Tax Benefits May Be Subject To Restrictions And Limitations, Ray A. Knight, Dr. Lee G. Knight
Campbell Law Review
Trafficking in and harvesting preexisting or manufactured tax losses and credits may be both beneficial and lucrative, but it may be subject to restrictions and limitations. Internal Revenue Code (“IRC”) Section 269 generally provides that acquisition of control of a corporation to gain the benefit of a deduction, credit, or other allowance is prohibited. Does the Section 269 prohibition present a concrete barrier or is it just a smoke screen? This article examines the business purpose and economic substance doctrines to explain ways to circumvent Section 269. Then, this article analyzes IRC Section 382 to describe its impact and limitations …
No-Knock Warrants: Protective Or Predatory For North Carolinians?, Micah Mooring
No-Knock Warrants: Protective Or Predatory For North Carolinians?, Micah Mooring
Campbell Law Review
Much ink has been spilled on arguments for restraining law enforcement’s use of no-knock warrants. In 2020, the issue was thrust into the national spotlight with the tragic death of Breonna Taylor at the hands of the Louisville Metro Police Department. While national attention focused on the federal response, Oregon, Florida, Virginia, and other states sprang into action by critically reexamining the justifications offered for the use of no-knock warrants and, in some cases, finding these justifications wanting. The Comment suggests that the justification of safety that no-knock warrants share with their predecessor, the venerable knock-and-announce rule, is not borne …
A Called Third Strike: Professional Baseball’S Antitrust Exemption In A Post-Dobbs World, Matthew B. Couch
A Called Third Strike: Professional Baseball’S Antitrust Exemption In A Post-Dobbs World, Matthew B. Couch
Campbell Law Review
Professional baseball has long enjoyed exemption from federal antitrust law due to a trio of Supreme Court cases. The last of these cases, Flood v. Kuhn, upheld the exemption on the basis of stare decisis, yet rejected the constitutional foundation on which it rested. This Comment argues that in the wake of the recent Supreme Court case, Dobbs v. Jackson Women’s Health Organization, the Roberts Court has provided a clear analytical framework for analyzing constitutional stare decisis that should apply to Flood. Applying the Dobbs framework, this Comment then shows how Flood fails every factor favoring continued …
Cold Cases And Serial Offenders: A Case Study Examining Practical And Legal Issues That Can Make Or Break Prosecutions, Michael C. Kovac
Cold Cases And Serial Offenders: A Case Study Examining Practical And Legal Issues That Can Make Or Break Prosecutions, Michael C. Kovac
Campbell Law Review
As technological advancements increase the probative value of DNA evidence (by revealing matches between suspects and evidence that could not be made with the use of older technology), cold case prosecutions will likely increase. At the same time, while DNA evidence can often lead to the identification of a guilty suspect, the prosecution of that suspect may be challenging, if not impossible. Some of these crimes were committed before DNA was used—or even considered—as an investigative tool. Oftentimes, rules governing the admissibility of evidence in such cases were drafted by individuals who likely (and quite reasonably) never contemplated the possibility …
Divine Intervention Or Unfair Influence? A Closer Look At Bibles In The Jury Room, Sarah E. Summa
Divine Intervention Or Unfair Influence? A Closer Look At Bibles In The Jury Room, Sarah E. Summa
Campbell Law Review
The Fourth Circuit allows jurors to bring Bibles into the jury room and reference them during deliberations. A seemingly innocent action actually denies the accused his right to a fair and impartial jury. When jurors put too much weight on the Bible’s passages about judgment, jurors risk overlooking the evidence and instead making decisions based on isolated verses. By generally allowing a Bible in the deliberation room, the Fourth Circuit opens the door to other religious texts coming into deliberations. Further, the Fourth Circuit blurs the line demarcating external and internal influences, risking the introduction of other external influences that …
A Room Without A View(Point): Must Student-Housing Employees Trade Free Speech For Free Rent?, Frank D. Lomonte, Conner Mitchell
A Room Without A View(Point): Must Student-Housing Employees Trade Free Speech For Free Rent?, Frank D. Lomonte, Conner Mitchell
Campbell Law Review
The COVID-19 pandemic exposed the power that public university speech policies have to silence students. Although few people were better suited to provide a candid assessment to the media of student safety in on-campus housing than resident assistants, all too often these student employees were forbidden from speaking openly, or at all. To understand the scope of these prohibitions on speech, researchers using freedom-of-information law obtained employment manuals, policies, and guidelines from a wide cross-section of public universities. This Article analyzes the language used in a sample of these materials and concludes that while these speech policies often - and …
Agriculture On The Move: Proposed Actions To Bolster Local Food Systems, Kathrynn D. Johnston
Agriculture On The Move: Proposed Actions To Bolster Local Food Systems, Kathrynn D. Johnston
Campbell Law Review
A movement to consume fewer processed goods and obtain food from local and regional sources has gained popularity in the last two decades. Local food systems offer several benefits; however, they are not wellsupported by the federal government. The USDA has administered a system of federal agricultural subsidies for nearly a century, but that system powerfully supports a limited group, usually the largest industrial farms growing a small number of crops—none of which include fruits and vegetables. Correspondingly, consumers have gradually shifted their diets to incorporate increasing amounts of subsidized crops and those crops’ byproducts to the detriment of overall …