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Full-Text Articles in Law

A Senior Moment: The Executive Branch Solution To The Problem Of Binding Arbitration Agreements In Nursing Home Admission Contracts, Lisa Tripp Jan 2009

A Senior Moment: The Executive Branch Solution To The Problem Of Binding Arbitration Agreements In Nursing Home Admission Contracts, Lisa Tripp

Campbell Law Review

No abstract provided.


Multi-Institutional Healthcare Ethics Committees: The Procedurally Fair Internal Dispute Resolution Mechanism, Thaddeus Mason Pope Jan 2009

Multi-Institutional Healthcare Ethics Committees: The Procedurally Fair Internal Dispute Resolution Mechanism, Thaddeus Mason Pope

Campbell Law Review

No abstract provided.


The Road Not Often Taken: Alternative Dispute Resolution For Common Interest Communities In North Carolina, Amy Beasley Jan 2008

The Road Not Often Taken: Alternative Dispute Resolution For Common Interest Communities In North Carolina, Amy Beasley

Campbell Law Review

This Comment will seek to identify the need for an effective alternative to litigation to resolve disputes originating in the context of a common interest community, specifically under the Planned Community Act of North Carolina.


Family Law Arbitration: Third Party Alternative Dispute Resolution, Lynn P. Burleson Jan 2008

Family Law Arbitration: Third Party Alternative Dispute Resolution, Lynn P. Burleson

Campbell Law Review

No abstract provided.


Interim Relief And International Commercial Arbitration In North Carolina: Where We Are And Where We Should Be Looking, R. Jeremy Sugg Jan 2008

Interim Relief And International Commercial Arbitration In North Carolina: Where We Are And Where We Should Be Looking, R. Jeremy Sugg

Campbell Law Review

This Comment argues that North Carolina should reexamine the interim relief provisions under the ICACA in order to reduce reliance on court assistance during the arbitral process, thereby identifying itself as a forum for international commercial arbitration that is increasingly receptive to the needs of the parties involved. Part I will generally describe when the ICACA applies in light of the Federal Arbitration Act (FAA). Part II will further discuss why, in light of this relationship between federal and state arbitration law, North Carolina should reexamine the interim relief provisions under the ICACA. Part III will highlight four issues concerning …


"It's Not World Peace, But ..." Restorative Justice: Analysis Of Recidivism Rates In Campbell Law School's Juvenile Justice Project, Jennifer L. Kerrigan Jan 2008

"It's Not World Peace, But ..." Restorative Justice: Analysis Of Recidivism Rates In Campbell Law School's Juvenile Justice Project, Jennifer L. Kerrigan

Campbell Law Review

This Comment explores victim-offender mediation and specifically the recidivism rates of the juveniles who participated in Campbell's Juvenile Justice Project (JJP). Part II gives a brief background on the different theories of justice and the move towards restorative justice. Part III explains how the JJP came to be and how it currently functions. Part IV outlines the methods used to determine the recidivism rates of the program. Part V displays the results of the study and illustrates the differences with charts. Part VI discusses the possible explanations for the differences in the recidivism rates. Part VII concludes with closing remarks …


Court-Ordered Arbitration In North Carolina: Selected Issues Of Practice And Procedure, Thomas R. Fowler Jan 1999

Court-Ordered Arbitration In North Carolina: Selected Issues Of Practice And Procedure, Thomas R. Fowler

Campbell Law Review

No abstract provided.


Faa And Arbitration Clauses - How Far Can It Reach? The Effect Of Allied-Bruce Terminix, Inc. V. Dobson, Edmond Seferi Jan 1997

Faa And Arbitration Clauses - How Far Can It Reach? The Effect Of Allied-Bruce Terminix, Inc. V. Dobson, Edmond Seferi

Campbell Law Review

This note discusses Allied-Bruce Terminix, Inc. v. Dobson, which solidified the Supreme Court's rationale in favor of arbitration. The Court specifically held that the FAA governs all arbitration provisions in contracts "affecting commerce and that the phrase "affecting commerce signals a Congressional intent to exercise its Commerce Clause powers in full. This note will first provide a short background of the interpretation of the FAA in connection with the enforceability of the arbitration clauses, and then discuss Allied-Bruce and its potential effect on the future of arbitration clauses.


Good Faith Mediation: Improving Efficiency, Costs, And Satisfaction In North Carolina's Pre-Trial Process, Tony Biller Jan 1996

Good Faith Mediation: Improving Efficiency, Costs, And Satisfaction In North Carolina's Pre-Trial Process, Tony Biller

Campbell Law Review

The issue this comment addresses is whether a court, in compelling parties to mediate, should also require the parties to act honestly and reasonably in attempting to resolve their disputes. Creating and enforcing a duty of good faith in mediation conferences would decrease costs and improve the efficiency of litigation. The purpose of this comment is to promote a duty of good faith in civil cases directed to mediated settlement conferences in North Carolina superior courts. This comment discusses the foundation for the duty and suggests a procedure for enforcement.


Mediation Of Industrial Commission Cases, Lex K. Larson Jan 1995

Mediation Of Industrial Commission Cases, Lex K. Larson

Campbell Law Review

This Article describes the North Carolina system of mediating Industrial Commission cases and discusses some of the important issues that are being faced. Where appropriate, North Carolina's system is placed in the context of what other states are doing.