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Articles 1 - 17 of 17
Full-Text Articles in Law
Slavery Jurisprudence On The Supreme Court Of North Carolina, 1828-1858: William Gaston And Thomas Ruffin, Timothy C. Meyer
Slavery Jurisprudence On The Supreme Court Of North Carolina, 1828-1858: William Gaston And Thomas Ruffin, Timothy C. Meyer
Campbell Law Review
In the years preceding the Civil War, two North Carolina Supreme Court Justices, Chief Justice Thomas Ruffin and Associate Justice William Gaston, offered starkly different legal opinions on issues relating to slavery. Despite broad similarities in their backgrounds and their agreement on many other legal and judicial issues, Ruffin and Gaston approached slavery from sharply contrasting perspectives. Both men used their positions on the bench to influence the treatment and legal status of slaves. While Ruffin vigorously defended the peculiar institution and took the concept of chattel to a logical extreme, Gaston denounced many of its dehumanizing elements. In fact, …
Why Affirmative Action Remains Essential In The Age Of Obama, Reginald T. Shuford
Why Affirmative Action Remains Essential In The Age Of Obama, Reginald T. Shuford
Campbell Law Review
No abstract provided.
Skin Formulas Belong In A Bottle: North Carolina's Diversity Scholarships Are Unconstitutional Under Grutter & Gratz, Mark Spencer Williams
Skin Formulas Belong In A Bottle: North Carolina's Diversity Scholarships Are Unconstitutional Under Grutter & Gratz, Mark Spencer Williams
Campbell Law Review
No abstract provided.
Cureton V. National Collegiate Athletic Association: Was The Federal District Court Out Of Bounds When It Enjoined The Ncaa From Continued Operation Of Proposition 16?, Dennis L. Martin
Campbell Law Review
No abstract provided.
Universities, Colleges And The Equal Pay Act: The Fourth Circuit Analyzes A Salary Dispute In Stag V. Board Of Trustees, Laura Woodworth Keohane
Universities, Colleges And The Equal Pay Act: The Fourth Circuit Analyzes A Salary Dispute In Stag V. Board Of Trustees, Laura Woodworth Keohane
Campbell Law Review
No abstract provided.
The Use Of Race In The Admissions Programs Of Higher Educational Institutions - A Violation Of The Equal Protection Clause?, Kevin Joyner
The Use Of Race In The Admissions Programs Of Higher Educational Institutions - A Violation Of The Equal Protection Clause?, Kevin Joyner
Campbell Law Review
This Note examines the burden placed on educational institutions to justify race-conscious admissions programs in light of the Equal Protection Clause. First, this note reviews the facts of the case and the decision in Hopwood. Next, this note provides a background of the law applicable to race-conscious programs by examining: (1) University of California v. Bakke; (2) the underlying theories of interpreting the Fourteenth Amendment; (3) the strict scrutiny standard of review; and (4) the Fourth Circuit's 1994 decision to invalidate a university's race-conscious scholarship program in Podberesky v. Kirwan. Finally, this note analyzes the decision by the Fifth Circuit. …
The Effect On The Child Of A Custodial Parent's Involvement In An Intimate Same-Sex Relationship - North Carolina Adopts The "Nexus Test" In Pulliam V. Smith, Vicki Parrott
Campbell Law Review
This Note examines the North Carolina Court of Appeals decision in Pulliam v. Smith. First, the Note discusses the facts of the case and the opinion of the North Carolina Court of Appeals. Then, the Note examines (1) child custody law in North Carolina; (2) North Carolina case law addressing the effect on the child of a custodial parent's sexual conduct and sexual orientation; and (3) child custody disputes in other jurisdictions which involve a custodial parent in an intimate same-sex relationship. Next, the Note analyzes the decision in Pulliam and its effect on child custody law in North …
Constitutionally Defending Marriage: The Defense Of Marriage Act, Romer V. Evans And The Cultural Battle They Represent, Leonard G. Brown Iii
Constitutionally Defending Marriage: The Defense Of Marriage Act, Romer V. Evans And The Cultural Battle They Represent, Leonard G. Brown Iii
Campbell Law Review
No abstract provided.
Hiv, Aids & Job Discrimination: North Carolina Failure And Federal Redemption, Jeremy Mckinney
Hiv, Aids & Job Discrimination: North Carolina Failure And Federal Redemption, Jeremy Mckinney
Campbell Law Review
This Comment explores the origin and effect of the ADA on AIDS related discrimination law in North Carolina. First, the Comment provides an overview of the disease, the discrimination behind it, and the past efforts to confront the problem. In particular, the Comment details how the federal government and most states moved to respond to AIDS discrimination and how simultaneously North Carolina's government stripped most victims of AIDS discrimination of their day in court. The Comment then describes the ADA, its application to AIDS discrimination, and how the ADA contrasts with North Carolina's response to AIDS discrimination.
The Long And Winding Road: Redistricting In Light Of Shaw V. Reno, Charles W. Mckeller
The Long And Winding Road: Redistricting In Light Of Shaw V. Reno, Charles W. Mckeller
Campbell Law Review
The purpose of this note is to analyze the impact and scope of the United States Supreme Court's landmark decision in Shaw v. Reno. This Note will attempt to recommend guidelines which will enable local government officials to negotiate the narrow and winding path between the standards of the VRA and the ambiguous restrictions set by the Court's decision.
Another Step Towards Ending Discrimination In The Jury Selection Process - Powers V. Ohio, L. Phillip Hornthal Iii
Another Step Towards Ending Discrimination In The Jury Selection Process - Powers V. Ohio, L. Phillip Hornthal Iii
Campbell Law Review
This Note has four objectives. First, this Note will review the constitutional history behind Powers, involving racially motivated discrimination in the jury selection process. Second, this Note will analyze and discuss the Powers decision. Third, this Note will attempt to ascertain the impact of the decision. Finally, this Note will suggest that while Powers marks progress in the right direction, there are other important questions that need to be resolved before the jury selection process will be totally free from discrimination.
Gender Stereotypes And Discriminatory Behaviors Toward Female Attorneys: The North Carolina Case, Michael L. Vasu, Ellen Storey Vasu
Gender Stereotypes And Discriminatory Behaviors Toward Female Attorneys: The North Carolina Case, Michael L. Vasu, Ellen Storey Vasu
Campbell Law Review
This article presents the results generated from the North Carolina Survey of Attorneys. The focus of this article is on attorneys' perceptions of professional activity levels, career choices, and gender stereotypes, as well as observations of discriminatory behavior toward female attorneys in court or chambers as perceived and reported by the lawyers in our sample.
The Broadened Dimensions And More Powerful Bite Of The State Fair Housing Act, B. Bailey Liipfert Iii
The Broadened Dimensions And More Powerful Bite Of The State Fair Housing Act, B. Bailey Liipfert Iii
Campbell Law Review
Part I of this Comment analyzes the substantive changes in the Act. These substantive changes significantly extend the scope of the protection against discriminatory practices. These changes mirror those in the recently amended Federal Fair Housing Act (Title VIII of the Civil Rights Act of 1968). Substantively, the Acts are now virtually identical. There are, however, some differences of which the practitioner should be aware. Part II discusses the procedural implications of the new State Act. How the State and Federal Acts and agencies function together in enforcement procedures is the primary focus of Part II.
North Carolina's New Aids Discrimination Protection: Who Do They Think They're Fooling?, Angela Sue Bullard
North Carolina's New Aids Discrimination Protection: Who Do They Think They're Fooling?, Angela Sue Bullard
Campbell Law Review
This Comment's primary purpose is to examine the substantive provisions of the 1989 amendments to the NCCDA. First, the Comment briefly examines background information, including: (1) medical and statistical facts about AIDS and related infections; (2) the causes, history and significance of AIDS discrimination; and (3) pre-existing or alternate protections available to persons discriminated against on the basis of AIDS, HIV or ARC. Second, the Comment proceeds with a provision-by-provision evaluation of the NCCDA amendments. It analyzes the amendments in light of the above mentioned background information, as well as existing authority on the various issues addressed by the amendments. …
Symposium Address: Racial Justice In The 1980s, Julius L. Chambers
Symposium Address: Racial Justice In The 1980s, Julius L. Chambers
Campbell Law Review
No abstract provided.
Betsey V. Turtle Creek Associates: All-Adult Housing Policy May Violate The Fair Housing Act, J. Michael Mcguinness
Betsey V. Turtle Creek Associates: All-Adult Housing Policy May Violate The Fair Housing Act, J. Michael Mcguinness
Campbell Law Review
This article will focus on Betsey and its implications. It discusses standard of proof problems and sets forth alternative methods of establishing a prima facie case of housing discrimination under the Fair Housing Act.
Sex Discrimination - Title Ix Applies To Employees, Barbara Hollingsworth
Sex Discrimination - Title Ix Applies To Employees, Barbara Hollingsworth
Campbell Law Review
This note will examine the Court's rationale and the implications of the North Haven Board of Education v. Bell decision.