Open Access. Powered by Scholars. Published by Universities.®
Articles 1 - 3 of 3
Full-Text Articles in Law
Constitutional Law - Preemption Of State Common Law Actions Against Cigarette Manufacturers By The Federal Cigarette Labeling And Advertising Act: Have Smokers Taken Their Last Puff To Hold Tobacco Companies Liable Under A State Tort Claim? - Palmer V. Liggett Group, Inc., Lora B. Greene
Campbell Law Review
This Note will examine the Act and the scope of its preemption provision. In addition, this Note will illustrate how the Palmer court analyzed prior cases to elevate the immunity of cigarette manufacturers and will also review the status of the law prior to and after Palmer. The main thrust of this Note is how the Palmer decision, by driving another nail in the preemption coffin for state common law claims against cigarette manufacturers, effectively slammed the lid on these cigarette manufacturer liability suits and requires dismissal of future suits based on inadequate warning labels.
Constitutional Law: Is Time Running Out For The Government To Dispute Regulatory Takings - Irst English Evangelical Lutheran Church V. City Of Los Angeles, Sharon A. Woodard
Constitutional Law: Is Time Running Out For The Government To Dispute Regulatory Takings - Irst English Evangelical Lutheran Church V. City Of Los Angeles, Sharon A. Woodard
Campbell Law Review
This Note will trace the evolution of regulatory "temporary" takings from its roots in traditional eminent domain law and examine the practical effects of the Court's decision on regulatory takings analysis. The analysis will specifically question what period of time during the pendency of takings litigation will constitute a "considerable" enough length of time that it becomes a factor in takings analysis and remedies. This Note will conclude that although the First English decision will increase the number of challenges to regulator actions and increase regulator liability it probably will not enhance the actual compensation amount that aggrieved landowners receive.
Constitutional Rights Of Students, Their Families, And Teachers In The Public Schools, Norman B. Smith
Constitutional Rights Of Students, Their Families, And Teachers In The Public Schools, Norman B. Smith
Campbell Law Review
This article searches for resolutions of constitutional conflicts, not only between the state as public school administrator and individual students, parents, and teachers, but also among the competing constitutional demands of the individuals whose interests are affected by the system of public education. Part II of this article addresses the public interests and values in which the educational system is rooted. Part III identifies and discusses the first amendment rights at stake in public education: freedom of expression; the right to receive communication; freedom of religion; and the protection against establishment of religion and familial childrearing rights. Part IV contains …