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Articles 1 - 15 of 15
Full-Text Articles in Law
The Franchising Dilemma Continues: Update On Franchisor Liability For Wrongful Acts By Local Franchisees, Randall K. Hanson
The Franchising Dilemma Continues: Update On Franchisor Liability For Wrongful Acts By Local Franchisees, Randall K. Hanson
Campbell Law Review
The purpose of this update is to review recent franchisor liability cases to determine the direction of franchisor liability cases. The three most common theories used to invoke franchisor liability will be discussed, and North Carolina's approach to this area of the law will also be examined.
Medicine Goes Madison Avenue: An Evaluation Of The Effect Of Direct-To-Consumer Pharmaceutical Advertising On The Learned Intermediary Doctrine, Michael C. Allen
Medicine Goes Madison Avenue: An Evaluation Of The Effect Of Direct-To-Consumer Pharmaceutical Advertising On The Learned Intermediary Doctrine, Michael C. Allen
Campbell Law Review
This comment will attempt to examine and evaluate the learned intermediary doctrine in light of the recent explosion in direct-to-consumer advertising of pharmaceutical products, focusing on an analysis of product liability principles, including comments from the proposed Restatement (Third) of Torts, as they apply to this subject. This comment will examine the potential ramification of FDA consumer advertising requirements, especially as they relate to potential additional exceptions to the learned intermediary doctrine. This analysis will support the conclusion that the learned intermediary doctrine remains functional and provides the consumer with the best available alternative to ensure the most appropriate use …
Was The First Woman Hanged In North Carolina A "Battered Spouse?", Jeffrey P. Gray
Was The First Woman Hanged In North Carolina A "Battered Spouse?", Jeffrey P. Gray
Campbell Law Review
No abstract provided.
Investment Advisory Regulatory Muddy Waters: Registration And Control Issues Are Confused With Issues Of Disclosure And Anti-Fraud, Susan Rogers Finneran
Investment Advisory Regulatory Muddy Waters: Registration And Control Issues Are Confused With Issues Of Disclosure And Anti-Fraud, Susan Rogers Finneran
Campbell Law Review
No abstract provided.
North Carolina Hospitals' Dilemma: The Inherent Conflict Between Carolina Access And The Emergency Medical Treatment And Active Labor Act, Benjamin D. Overby
North Carolina Hospitals' Dilemma: The Inherent Conflict Between Carolina Access And The Emergency Medical Treatment And Active Labor Act, Benjamin D. Overby
Campbell Law Review
This comment will show that Carolina ACCESS' Emergency Room Policy forces hospitals into a difficult situation. On one hand, the EMTALA binds emergency departments to appropriately screen all persons who enter its doors. On the other hand, Carolina ACCESS tells a hospital that it will pay for only certain services leaving the hospital to make a choice: lower its exam standards thus risking liability under EMTALA, or conduct an appropriate exam and then suffer the economic loss when the patient's condition is deemed non-emergent.
Faa And Arbitration Clauses - How Far Can It Reach? The Effect Of Allied-Bruce Terminix, Inc. V. Dobson, Edmond Seferi
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.
Too Late For The Truth? Retroactivity And Application Of The Statute Of Limitations For Filing 28 U.S.C. § 2255 Petitions, Brian E. Moore
Too Late For The Truth? Retroactivity And Application Of The Statute Of Limitations For Filing 28 U.S.C. § 2255 Petitions, Brian E. Moore
Campbell Law Review
This comment addresses the issue of whether the one-year statute of limitations should control a petition filed after the effective date of the AEDPA but based on a conviction which became final more that one year prior to the effective date of the act. By analyzing both the minority and majority approaches, this comment demonstrates that the minority has misapplied the recent Supreme Court opinion in Landgraf v. USI Film Products. Furthermore, the purpose of this comment is to suggest the correct framework for determining the proper temporal reach of this statute.
An Eagle Soaring: The Jurisprudence Of Justice Antonin Scalia, Autumn Fox, Stephen R. Mcallister
An Eagle Soaring: The Jurisprudence Of Justice Antonin Scalia, Autumn Fox, Stephen R. Mcallister
Campbell Law Review
No abstract provided.
Fraudulent, Negligent, And Innocent Misrepresentation In The Employment Context: The Deceitful, Careless, And Thoughtless Employer, Frank J. Cavico
Fraudulent, Negligent, And Innocent Misrepresentation In The Employment Context: The Deceitful, Careless, And Thoughtless Employer, Frank J. Cavico
Campbell Law Review
This article strives to sort through the sundry ramifications of the law of misrepresentation. Accordingly, the three major classifications of misrepresentation - fraudulent, negligent, and innocent - will be differentiated clearly and then examined extensively. The elements constituting each category of misrepresentation action will be explained and illustrated. The article will focus upon the nature and extent of the tort action available to an aggrieved party who was induced to enter into a transaction or relationship by the misrepresentation of another. This tort analysis will include not only the traditional cause of action of deceit, but also the emerging tort …
Asset Forfeiture: Giving Up Your Constitutional Rights, Douglas Kim
Asset Forfeiture: Giving Up Your Constitutional Rights, Douglas Kim
Campbell Law Review
This article will discuss both criminal and civil forfeiture, the related issues and recent developments as well as the unique issues presented when a civil forfeiture action follows a criminal action in the same case. Section I will provide a brief history of forfeiture and the current status of the law in this area. Section II will illustrate the procedures which the government follows in forfeiture actions. Section III will discuss the defenses against forfeiture. Section IV will discuss how forfeiture has survived the many constitutional challenges. The last two sections illustrate how Congress has balanced the need for powerful …
Bennett V. Spear: A New Interpretation Of The Citizen-Suit Provision, Lynwood P. Evans
Bennett V. Spear: A New Interpretation Of The Citizen-Suit Provision, Lynwood P. Evans
Campbell Law Review
This Note examines the effect the Supreme Court's decision in Bennett v. Spear will have when the analysis used is applied to other environmental acts that include citizen-suit provisions. In particular, this Note will address how this decision might affect the protection of wetlands under the Clean Water Act. First, this Note will provide a review of the decision in Bennett v. Spear. Second, this Note will discuss the significance of wetlands and the Clean Water Act. Next, this Note will explain the history of the citizen-suit provision that is a part of so many environmental acts. This Note …
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. …
Liner V. Brown: Where Should We Go From Here - Two Different Approaches For North Carolina, A. John Hoomani, Kimberly Sieredzki Woodell
Liner V. Brown: Where Should We Go From Here - Two Different Approaches For North Carolina, A. John Hoomani, Kimberly Sieredzki Woodell
Campbell Law Review
No abstract provided.
The Discretionary Function Exception To The Federal Tort Claims Act: How Much Is Enough?, Amy M. Hackman
The Discretionary Function Exception To The Federal Tort Claims Act: How Much Is Enough?, Amy M. Hackman
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.