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- Workers' compensation/North Carolina (4)
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Articles 1 - 15 of 15
Full-Text Articles in Law
Organizational Ethos And Corporate Criminal Liability, Henry J. Amoroso
Organizational Ethos And Corporate Criminal Liability, Henry J. Amoroso
Campbell Law Review
The quintessential principal of corporate governance is that the corporation's business should be conducted in order to enhance corporate profit and shareholder gain. Traditionally, corporations have been required to act within the boundaries established by the law and have been permitted to take into account ethical considerations that are reasonably regarded as appropriate for the conduct of the business. Professor Amoroso canvasses the case law and literature addressing the standard of corporate criminal liability and hypothesizes that the recently enacted Chapter Eight of the Federal Sentencing Guidelines will ensure that organizationale thics will assume a more significant role in the …
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.
Bank Growth In The Investment Company Industry: Do Guidelines Issued By The Comptroller Of The Currency Compensate For Bank Exclusion From Statutory Provisions Of The Federal Securities Laws Defining "Broker/Dealer" And "Investment Adviser?", Paul A. Caldarelli
Campbell Law Review
Under the current regulatory scheme, banks directly engaged in mutual fund activities are regulated under the federal banking laws by the Office of the Comptroller of the Currency, whereas bank subsidiaries and non-bank affiliates engaged in mutual fund activities must be registered broker-dealers that are subject to Securities and Exchange Commission regulation under the federal securities laws. The regulatory tools provided to the banking regulators by the federal banking laws were designed to provide for the protection of depositors and for the safety and soundness of the bank. The remedies available under the federal banking laws dealing with violations involving …
The Diploma Dilemma: An Inequitable Result Under North Carolina's Equitable Distribution Statute - Kuder V. Schroeder, W. Greg Merritt
The Diploma Dilemma: An Inequitable Result Under North Carolina's Equitable Distribution Statute - Kuder V. Schroeder, W. Greg Merritt
Campbell Law Review
This Note addresses the rationale of the North Carolina Court of Appeals in Kuder, as well as alternative remedies relied on by other courts which could help avoid the unjust effects of the Kuder decision. In addition, this Note analyzes how other jurisdictions have handled similar cases and if those methods would be applicable and proper in North Carolina. Finally, this Note suggests how attorneys and supporting spouses can avoid the consequences that will follow as a result of the Kuder decision.
Conditioning A Woman's Probation On Her Using Norplant: New Weapon Against Child Abuse Backfires, Scott J. Jebson
Conditioning A Woman's Probation On Her Using Norplant: New Weapon Against Child Abuse Backfires, Scott J. Jebson
Campbell Law Review
Several courts have required female child abusers to choose between either going to prison or accepting the surgical implantation of Norplant as a condition of probation. In this Article, Mr. Jebson argues that a Norplant probation condition is invalid because it is both unreasonable and the probationer cannot give her informed consent to the procedure. Mr. Jebson argues that requiring a woman to choose between using Norplant and going to prison may violate her fundamental right to procreate, her right to be free from cruel and unusual punishment, and her right to freely exercise her religion. Further, the Author also …
The Substantial Right Doctrine And Interlocutory Appeals, J. Brad Donovan
The Substantial Right Doctrine And Interlocutory Appeals, J. Brad Donovan
Campbell Law Review
One does not have the right to appeal from an interlocutory order except in certain circumstances. In this Article, Mr. Donovan focuses on the right to appeal based on the substantial right doctrine. This subject was addressed by Justice Willis P. Whichard in an article published in 1984, and Mr. Donovan continues the work in this area with a study of the subsequent case law. The Article carries forward the format used by Justice Whichard -presenting the law according to the subject area of the law. The twenty-four subject areas are organized alphabetically to facilitate the use of the Article …
How The Uniform Partnership Act Determines Ultimate Liability For A Claim Against A General Partnership And Provides For The Settling Of Accounts Between Partners, Russell C. Smith
How The Uniform Partnership Act Determines Ultimate Liability For A Claim Against A General Partnership And Provides For The Settling Of Accounts Between Partners, Russell C. Smith
Campbell Law Review
No abstract provided.
The Vicarious Liability Of A Physician For The Negligence Of Other Medical Professionals - North Carolina Charts A Middle Course - The Effect Of Harris V. Miller, J. Scott Coalter
The Vicarious Liability Of A Physician For The Negligence Of Other Medical Professionals - North Carolina Charts A Middle Course - The Effect Of Harris V. Miller, J. Scott Coalter
Campbell Law Review
This Note examines the North Carolina Supreme Court's decision in Harris v. Miller. First, the Note addresses the facts of the case. Second, it discusses the rules courts traditionally have used to impose vicarious liability under respondeat superior, the borrowed servant rule, and tests courts have established to determine whether the borrowed servant rule even applies. Next, the Note analyzes the Harris court's rejection of the "captain-of-the- ship" doctrine, the professionals approach, and the application of the "right to control" test. Finally, the Note concludes that North Carolina has charted a middle course; a course which recognizes that reality …
Inherently Dangerous Or Inherently Difficult? Interpretations And Criticisms Of Imposing Vicarious Liability On General Contractors For Injuries Suffered As A Result Of Work Performed By Independent Contractors: Hooper V. Pizzagalli Construction Company, Mary Margaret Mceachern
Campbell Law Review
This Note has several objectives. First, it outlines how the Hooper court used parts of the Woodson interpretation to conclude that the work in which the plaintiff's decedent was involved did not fall within the inherently dangerous exception. Next, it traces the origins of the doctrine itself, and how it has evolved in other jurisdictions as well as in North Carolina. The Note analyzes some criticisms of the doctrine, predicting what may become of it in the future. Additionally, this Note analyzes the Hooper court's decision by comparing it to the Woodson analysis, as well as to the definitions and …
Primary Issues In Compensation Litigation, Commissioner J. Randolph Ward
Primary Issues In Compensation Litigation, Commissioner J. Randolph Ward
Campbell Law Review
This Article seeks to aid the practicing attorney with hearing preparation and research by identifying fundamental issuesthose matters that should be stipulated, or will be litigated, in virtually every workers' compensation case-and the grounds on which they are most commonly controverted. Recent amendments to the operative statutes are noted.
The Fairness Requirement For A Workers' Compensation Agreement - The Effect Of Vernon V. Steven L. Mabe Builders, Isabel E. Loytty
The Fairness Requirement For A Workers' Compensation Agreement - The Effect Of Vernon V. Steven L. Mabe Builders, Isabel E. Loytty
Campbell Law Review
This Note provides a history of North Carolina courts' treatment of voluntary settlement agreements prior to Vernon v. Steven L. Mabe Builders. Next, this Note examines the ruling in Vernon, as well as the court's reasoning. The Note then reviews the relevant provisions of the Workers' Compensation Reform Act of 1994 passed by the General Assembly in July, 1994. Finally, the Note addresses the ramifications of the Vernon decision and concludes with a discussion of the decision's effects and the questions it raises.
Underinsured Motorist Coverage: North Carolina's Multiple Claimant Wrinkle - Ray V. Atlantic Casualty Insurance Co., Paul J. Osowski
Underinsured Motorist Coverage: North Carolina's Multiple Claimant Wrinkle - Ray V. Atlantic Casualty Insurance Co., Paul J. Osowski
Campbell Law Review
This Note traces the development of UIM coverage in North Carolina by examining the statutory and judicial history preceding Ray v. Atlantic Casualty Insurance Co. This Note then analyzes the rationale behind the court's holding in Ray and compares the decision to cases on point in other jurisdictions. Next, this Note examines the holdings in Ray and Harris v. Nationwide Mutual Insurance Co. in light of the legislative purpose behind the Motor Vehicle Safety and Financial Responsibility Act. And finally, this Note addresses the ramifications of Ray, including the effect of the decision and any remaining questions.
The Substantial Certainty Exception To Workers' Compensation, Michael Doran
The Substantial Certainty Exception To Workers' Compensation, Michael Doran
Campbell Law Review
This Article attempts to point toward the correct definition and application of the substantial certainty liability standard, recognizing its foundation in the Woodson and Barrino decisions. This Article also will point out the apparent misapplications of the standard in decisions handed down after Woodson. Finally, in light of the North Carolina Supreme Court's per curiam decision in Owens v. W.K Deal Printing, Inc., which appears to illustrate the court's disapproval of the definition and application of substantial certainty contained in decisions from other courts, this Article will attempt to forecast the direction of future decisions involving this theory of civil …
Person Or Thing - In Search Of The Legal Status Of A Fetus: A Survey Of North Carolina Law, Tony Hartsoe
Person Or Thing - In Search Of The Legal Status Of A Fetus: A Survey Of North Carolina Law, Tony Hartsoe
Campbell Law Review
What is the status of a fetus in North Carolina? This the primary question addressed by Mr. Hartsoe as he analyzes and critiques the case law and statutory enactments which deal with this question. While there is some case law and statutory authority on point, Mr. Hartsoe concludes that there is an overall paucity of law which defines the legal status of a fetus and, furthermore, the law that does exist is inconsistent. As such, Mr. Hartsoe examines the legal status of a fetus in North Carolina in the areas of wrongful death, prenatal injury, criminal law, wrongful life, wrongful …
Mediation Of Industrial Commission Cases, Lex K. Larson
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.