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Articles 1 - 13 of 13
Full-Text Articles in Law
A North Carolina Preview Of The Revised (1990) Article 3 Of The Uniform Commercial Code, Charles C. Lewis
A North Carolina Preview Of The Revised (1990) Article 3 Of The Uniform Commercial Code, Charles C. Lewis
Campbell Law Review
As its title suggests, this article is intended merely as a preview of revised Article 3. It will begin with some overall comments about revised Article 3, specifically about the extent and significance of the revision. It then will discuss specific examples from revised Article 3 to illustrate how the revision affects present Article 3 and how it furthers the goals of the NCCUSL and the ALI. It will also include references to present North Carolina case law or statutory law that may be affected by the revision. If this preview conveys to the BAR at least a taste of …
Successful Shadowboxing: The Art Of Impeaching Hearsay Declarants, The Honorable Anthony M. Brannon
Successful Shadowboxing: The Art Of Impeaching Hearsay Declarants, The Honorable Anthony M. Brannon
Campbell Law Review
Using the nine modes of impeachment recognized by the common law, I will examine some of the possibilities for impeaching hearsay declarants. As I explore each mode, I will discuss whether extrinsic, as well as intrinsic, evidence may be used to impeach the hearsay evidence.
Senate Bill 43: A Refinement Of North Carolina's Involuntary Civil Commitment Procedures, Bruce Vrana
Senate Bill 43: A Refinement Of North Carolina's Involuntary Civil Commitment Procedures, Bruce Vrana
Campbell Law Review
In Part I, this Comment will examine the historical context of Senate Bill 43. Part II will review the evolution of due process rights of mentally ill people who undergo involuntary civil commitment proceedings. Part III will demonstrate that the new requirements of Senate Bill 43 for automatic commitment and burden of proof do not violate insanity acquittees' due process rights. Part IV will show that the new "dangerousness test" of Senate Bill 43 endangers due process rights of insanity acquittees. Part V will discuss the constitutionality of retrospective application of these different procedures to patients whose commitments predate the …
The Video Deposition As A Civil Litigation Tool, Hugh B. Lewis
The Video Deposition As A Civil Litigation Tool, Hugh B. Lewis
Campbell Law Review
This Comment reports the findings of a research project on the video deposition's place in litigation. Professor Thomas P. Anderson, Norman Adrian Wiggins School of Law, supervised the project. The paper looks at video depositions from three perspectives. The first perspective outlines 30(b)(4)'s evolution through the court's interpretation of the rule. The second perspective synthesizes the many suggestions on video deposition production found in legal journals. The third perspective analyzes and collates empirical data collected from attorneys and jurors who participated in nine civil trials which used video depositions in the North Carolina Superior Court system. The empirical data also …
Suicide, Liberty And Our Imperfect Constitution: An Analysis Of The Legitimacy Of The Supreme Court's Entanglement In Decisions To Terminate Life-Sustaining Medical Treatment, Terrance A. Kline
Campbell Law Review
As the law developed in the states, the Supreme Court of the United States, in its 1990 opinion in Cruzan v. Director, Missouri Department of Health, determined that there exists a right to terminate life-sustaining medical treatment under the United States Constitution. As a result of the decision, new uncertainties have been infused into the state legislative and judicial responses to the issue. After examining the Cruzan decision below, I probe the constitutional legitimacy and the prudence of the Supreme Court's role in decisions relating to the termination of life-sustaining medical treatment. I conclude that the Court in Cruzan, though …
Will The Public Policy Exception To The Employment-At-Will Doctrine Ever Be Clear? - Amos V. Oakdale Knitting Co., Victoria W. Shelton
Will The Public Policy Exception To The Employment-At-Will Doctrine Ever Be Clear? - Amos V. Oakdale Knitting Co., Victoria W. Shelton
Campbell Law Review
This Note will trace the cases following Coman v. Thomas Manufacturing Co. and the confusion among the North Carolina courts in determining an employer's liability for discharging an at-will employee. Next, this Note will explain the rationale behind those decisions and how the court of appeals arrived at its holding in Amos. This Note will also show how the Amos decision can be reconciled with other case law in North Carolina. Finally, this Note will conclude with issues for attorneys to consider before pursuing a wrongful discharge claim based on the public policy exception.
Shielding The Plaintiff And Physician: The Prohibition Of Ex Parte Contacts With A Plaintiff's Treating Physician, David L. Woodard
Shielding The Plaintiff And Physician: The Prohibition Of Ex Parte Contacts With A Plaintiff's Treating Physician, David L. Woodard
Campbell Law Review
This Note will first explore the physician-patient privilege and the underlying policies which are often implicated in cases confronting challenges to ex parte interviews. Next, this Note will examine the reasoning from the jurisdictions which permit and those which prohibit ex parte interviews. Finally, this Note will analyze the North Carolina Supreme Court's decision to prohibit ex parte interviews.
Uniform Controlled Substances Act Of 1990, Richard L. Braun
Uniform Controlled Substances Act Of 1990, Richard L. Braun
Campbell Law Review
No abstract provided.
Criminal Procedure - Match-Game 1990'S: The Admissibility Of Dna Profiling - State V. Pennington, W. Anthony Purcell
Criminal Procedure - Match-Game 1990'S: The Admissibility Of Dna Profiling - State V. Pennington, W. Anthony Purcell
Campbell Law Review
This Note discusses the nature, history, and effect of DNA profiling and supports the Pennington court's holding as the correct approach. Although the court adopted the majority view, and most likely the correct view, this area of law still remains in a state of confusion.
Premarital Agreements, Suzanne Reynolds
Premarital Agreements, Suzanne Reynolds
Campbell Law Review
This article devotes most of its attention to the UPAA, offering analyses of its various provisions and suggesting some possible interpretations by the North Carolina appellate courts. Before analyzing the UPAA, the article first gives an overview of the North Carolina case law and statutory law which existed at the time of the adoption of the act. Against this background, the UPAA brings sweeping change to the law of premarital agreements.
Copyright Law: Integrating Successive Filtering Into The Bifurcated Substantial Similarity Inquiry In Software Copyright Infringement Cases: A Standard For Determining The Scope Of Copyright Protection For Non-Literal Elements Of Computer Programs , Maury M. Tepper Iii
Campbell Law Review
The non-literal elements of a computer program, such as its user interface, are crucial in determining that program's success on the commercial market. Such non-literal elements represent a substantial portion of the development costs of a program, but they are quite inexpensive to copy. Courts are currently unable to agree on the extent to which copyright law offers protection to the non-literal elements of computer programs, leaving the industry uncertain and hesitant to develop new user interfaces. This article develops a principled approach for determining the proper scope of copyright protection for the nonliteral elements of computer programs.
Summary Of The North Carolina Uniform Transfers To Minors Act And The Proposed North Carolina Uniform Custodial Trust Act, Julie Zydron Griggs
Summary Of The North Carolina Uniform Transfers To Minors Act And The Proposed North Carolina Uniform Custodial Trust Act, Julie Zydron Griggs
Campbell Law Review
In the century since its organization in 1892, the National Conference of Commissioners on Uniform State Laws (the "Conference") has drafted and recommended laws for voluntary adoption in all states on many subjects in which uniformity is both desirable and practicable. Because of the increasing mobility of individuals, uniformity in the laws relating to the transfer of wealth is particularly important, and the Conference has embraced the laws of estates and probate for the promulgation of various uniform acts. This Article will highlight a pair of such uniform acts, one enacted in North Carolina and one proposed for enactment in …
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.