Law Commons^™

Restoring Balance To The Federal Tax-Exemption Regime’S Treatment Of Hospitals: Let Their Actions Speak Louder Than Their Charters, Nicholas Archibald

Campbell Law Review

The tax-exemption system for American hospitals was created both to optimize care for those who cannot afford it and to encourage good deeds by hospitals. But despite well-intentioned attempts by the IRS to implement these lofty policy goals, for-profit hospitals today pay taxes despite at times providing more public benefit than their nonprofit brethren while nonprofit hospitals are incentivized to seek profit rather than provide free care. This rise of this state of affairs coincides with changes by the IRS to the standards required to obtain the exemption. Originally, the nonprofit system operated on a quid pro quo model, where …

A Room Without A View(Point): Must Student-Housing Employees Trade Free Speech For Free Rent?, Frank D. Lomonte, Conner Mitchell

Campbell Law Review

The COVID-19 pandemic exposed the power that public university speech policies have to silence students. Although few people were better suited to provide a candid assessment to the media of student safety in on-campus housing than resident assistants, all too often these student employees were forbidden from speaking openly, or at all. To understand the scope of these prohibitions on speech, researchers using freedom-of-information law obtained employment manuals, policies, and guidelines from a wide cross-section of public universities. This Article analyzes the language used in a sample of these materials and concludes that while these speech policies often - and …

A Called Third Strike: Professional Baseball’S Antitrust Exemption In A Post-Dobbs World, Matthew B. Couch

Campbell Law Review

Professional baseball has long enjoyed exemption from federal antitrust law due to a trio of Supreme Court cases. The last of these cases, Flood v. Kuhn, upheld the exemption on the basis of stare decisis, yet rejected the constitutional foundation on which it rested. This Comment argues that in the wake of the recent Supreme Court case, Dobbs v. Jackson Women’s Health Organization, the Roberts Court has provided a clear analytical framework for analyzing constitutional stare decisis that should apply to Flood. Applying the Dobbs framework, this Comment then shows how Flood fails every factor favoring continued …

No-Knock Warrants: Protective Or Predatory For North Carolinians?, Micah Mooring

Campbell Law Review

Much ink has been spilled on arguments for restraining law enforcement’s use of no-knock warrants. In 2020, the issue was thrust into the national spotlight with the tragic death of Breonna Taylor at the hands of the Louisville Metro Police Department. While national attention focused on the federal response, Oregon, Florida, Virginia, and other states sprang into action by critically reexamining the justifications offered for the use of no-knock warrants and, in some cases, finding these justifications wanting. The Comment suggests that the justification of safety that no-knock warrants share with their predecessor, the venerable knock-and-announce rule, is not borne …

After All This Time: An Analysis Of The Recent Trend To Extend Truth-In-Lending-Style Disclosures To Commercial-Financing Transactions, Kelly W. Cline

Campbell Law Review

The Truth in Lending Act of 1968 (TILA) was designed to protect consumers by implementing uniform disclosures for consumer financing transactions and by creating substantive consumer protections. While TILA has been amended over the past fifty years to reflect modern needs, it has always remained a consumer financing law. Over the past few years, however, states have challenged that notion by passing laws which require TILA-inspired disclosures for certain commercial-financing trans-actions. And at the federal level, a bill was introduced in the United States House of Representatives (House Bill) that would expand TILA to commercial-financing transactions falling below a certain …

Vaccine Passports And The Right To Exclude: How The Court’S Holding In Cedar Point Nursery V. Hassid Could Light Fire To The Debate On The Constitutionality Of Vaccine Passport Requirements And Bans, John A. Kuzora

Campbell Law Review

The COVID-19 pandemic gave America its biggest health crisis in the last one hundred years. In efforts to resolve this crisis, several state governments have issued various types of public health measures. Three of these measures are Vaccine Mandates, Vaccine Passport Requirements, and Vaccine Passport Bans. This Comment explores the legality of these three public health measures through the unique lens of the Fifth Amendment Takings Clause. Specifically, this Comment focuses on how both Vaccine Passport Requirements and Bans infringe on property owners’ rights to include and exclude unvaccinated patrons. This, in turn, results in a physical taking under the …

On-Campus Or Off-Campus? - That Is Still The Question: Mahanoy Area Sch. Dist. V. B.L. And The Supreme Court’S New Digital Frontier, Kristopher L. Caudle

Campbell Law Review

This Article examines the contours of the “on-campus” versus “off-campus” distinction embedded in the Supreme Court’s opinion in Mahoney School District v. B.L. This Article argues that B.L., and the Court’s broader Tinker doctrine, fail to adequately address modern student speech issues, especially student speech arising in extracurricular programs and activities. This Article proposes a two-part legal framework for future courts to analyze student speech issues in an increasingly digital post-pandemic world.

The First Congressional Debate On Public Carry And What It Tells Us About Firearm Regionalism, Mark Anthony Frassetto

Campbell Law Review

In the aftermath of District of Columbia v. Heller, a prominent issue remains unresolved: whether, or to what extent, the Second Amendment protects an individual right to keep and bear arms outside of the home. This Article explores this unresolved issue through a newly uncovered source, the congressional debates surrounding the District of Columbia's public carry law in the 1890s.

These debates provide new insights into the understanding of the right to keep and bear arms in the years following the drafting and ratification of the Fourteenth Amendment. Two conclusions can be drawn from the debate. First, there was no …

Public Confidence In The Courts In The Internet Age: The Ethical Landscape For Judges In The Post-Watergate Age, Carolyn A. Dubay

Campbell Law Review

Promoting and protecting public confidence in government institutions is central to continued faith in the rule of law. As a result, when personal scandals or internal failures threaten public trust in government institutions, policy makers have been quick to respond with new measures to increase accountability for misconduct. In the twentieth century, the Watergate scandal of the early 1970s led to significant changes in accountability for misconduct by high-level public officials and in the legal profession generally. For judges, in the years just prior to Watergate, high-profile scandals involving federal judges also led to significant changes in the regulation of …

Redefining Trade Secrets In North Carolina, Christopher A. Moore

Campbell Law Review

North Carolina has a trade secrets problem, and it resides at the most elementary part of the doctrine: the definition. In the North Carolina Trade Secrets Protection Act, the general assembly established an elemental, two-prong test for identifying a trade secret. Courts adjudicating trade secrets cases, however, have strayed from this definition, instead applying a six-factor balancing test that common law courts used before enactment of statutory trade secret definitions. This bifurcated development has not only created an inconsistent jurisprudence-it has also cultivated fundamental problems in the North Carolina legal system. Namely, North Carolina courts have infringed on the province …

Patch By Patch: North Carolina's Crazy Quilt Of Campaign Finance Regulations, Anna V. Stearns

Campbell Law Review

After more than a decade of judicial intervention and legislative reforms, North Carolina's campaign finance laws resemble a crazy quilt - a patchwork of provisions pieced together from remnants and scraps. The law is a dizzying array of proscriptions, requirements, and exceptions, sometimes based on speaker identity and sometimes based on the content or context of the political message. This quilt is what remained after the Fourth Circuit's strained and confusing decision in North Carolina Right to Life, Inc. v. Leake, decided in 2008, immediately following the Supreme Court's landmark decision in McConnell v. FEC. This Comment evaluates and summarizes …

Reading, 'Riting, And Regulating Speech: Why Schools Can't Punish Off-Campus Speech And How The North Carolina Legislature Has Tried To Fill The Gaps, Hannah Wallace

Campbell Law Review

The intersection between school discipline and free speech has sparked debates over how far a school's authority extends beyond campus. The internet and the nationwide conversation about cyberbullying have only magnified the debate. In Tinker v. Des Moines, the Supreme Court recognized that students do retain their First Amendment rights while under the school's authority. The Court then went on to hold that a school can punish a student for his or her on-campus speech if the speech causes a substantial or material disruption to school activities or if the speech invades the rights of another student. Whether this test …

From Secret White House Recordings To @Realdonaldtrump: The Democratic Value Of Presidential Tweets, Douglas B. Mckechnie

Campbell Law Review

Modern US. presidents have chosen their words meticulously and deliberately, with the assistance of aides and speechwriters, all with a view toward how their message would be delivered and understood. Rarely has the electorate had access to the unvarnished thoughts of a president. At times, secretly recorded conversations in the White House have allowed Americans to hear the unabashed thoughts of various presidents. However, save for the Watergate scandal, those recordings had no immediate, discernible democratic impact because they were released years after the presidents' words were recorded. The recordings are noteworthy because they capture presidents' musings in the private …

Style, Substance, And The Right To Keep And Bear Assault Weapons, Allen Rostron

Campbell Law Review

Assault weapons have long been a subject of intense controversy. The debate has intensified in recent years after a series of mass shootings in which perpetrators used AR-15 rifles or other military-style weapons, such as the shootings in Newtown, Aurora, San Bernardino, Orlando, Las Vegas, Sutherland Springs, and Parkland While the federal assault weapon ban has expired, some state legislatures have enacted bans. Critics complain that these laws irrationally condemn certain types of firearms simply because they have a military appearance. Gun control advocates argue that these laws are not just about superficial appearances and that the banned weapons are …

Heller After Ten Years, E. Gregory Wallace

Campbell Law Review

No abstract provided.

Liberty Is Not Loco-Motion: Obergefell And The Originalists' Due Process Fallacy, Andrew T. Bodoh

Campbell Law Review

In an effort to discredit substantive due process, originalists often misinterpret the federal Due Process Clauses. Justice Clarence Thomas's Obergefell v. Hodges dissent illustrates this. In this dissent, Justice Thomas cites Blackstone's Commentaries to argue that Due Process "liberty" is merely freedom from physical restraint, what Blackstone describes as the power of "loco-motion."

This Article challenges Justice Thomas's narrow view of Due Process liberty from Obergefell v. Hodges on its own terms. It distills from the dissent and its sources five assumptions or premises supporting Justice Thomas's view, and it confronts each of these with contrary evidence from the historical …

Is The § 943(B)(7) Feasibility Requirement Feasible? Why Congress Should Clarify Its Chapter 9 Bankruptcy Plan Requirements, Anderson M. Shackelford

Campbell Law Review

No abstract provided.

Chapter 9 Plan Confirmation Standards And The Role Of State Choices, Juliet M. Moringiello

Campbell Law Review

No abstract provided.

The Disguise Of Municipal Bonds: How A Safe Bet In Investing Can Become An Unexpected Uncertainty During Municipal Bankruptcy, Maryjane Richardson

Campbell Law Review

No abstract provided.

Positive Liberty In Public Finance: State Oversight Of Local-Government Debt And The North Carolina Model, Adam C. Parker

Campbell Law Review

No abstract provided.

Interest Follows Principal: Why North Carolina Should Pay Interest On Unclaimed Personal Property, John V. Orth

Campbell Law Review

No abstract provided.

Resolving Llc Member Disputes In North Carolina, James R. Burkhard

Campbell Law Review

North Carolina has a new LLC act. If LLC members assert that the managers or controlling members have in some manner breached fiduciary or contractual duties owed to the complaining members or to the LLC, how will lawyers handle such claims? This Article first considers the circumstances in which North Carolina LLC managers and members may owe fiduciary duties to other members. Assuming that there is a duty that may have been breached, what are the limits on a member bringing a direct suit either on her own behalf or on behalf of the LLC? Since direct suits will now …

Revisiting The North Carolina Business Court After Twenty Years, Gregory Day

Campbell Law Review

Over the past two decades, almost half of all states have enacted business courts to assume jurisdiction over locally arising business disputes. Advocates of these new courts assert that by trying business disputes in a specialized forum using an expert jurist, these venues should improve the adjudication of local business conflicts, while developing the states’ business climate. Considering that a majority of Fortune 500 companies are incorporated in Delaware, where the state’s esteemed Court of Chancery hears all local corporate disputes, out-of-state businesses may become more likely to incorporate or relocate to a state that has enacted a business court. …

The Bottom Of The Iceberg: Unpublished Opinions, Donna S. Stroud

Campbell Law Review

Most federal intermediate appellate court opinions are “unpublished”— they have no precedential value, even though they are readily available in online databases. Most research on judicial behavior is based on analyses of published opinions. If a court’s decisions not to publish are based on factors relevant to behavioral research, exclusion of unpublished opinions may skew the results. Currently, the United States Court of Appeals for the Seventh Circuit has the lowest percentage of unpublished opinions, while the United States Court of Appeals for the Fourth Circuit has one of the highest rates of unpublished opinions. Do the differences in publication …

Salvaging The North Carolina Teacher-Cyberbullying Statute, James L. Seay Iii

Campbell Law Review

In 2012, the North Carolina General Assembly criminalized student Internet activity intended to “torment” school employees. This Comment contends that the legislation violates the First and Fourteenth Amendments. It violates the First Amendment because it creates both subject matter and viewpoint limitations on speech. It violates the Fourteenth Amendment because the requirement that the student must intend to “torment” a school employee creates an impermissibly vague standard. This Comment suggests that the North Carolina General Assembly could correct the constitutional deficiencies in the legislation through revisions that limit punishment to “true threats.” Such revisions would reign in the broad coverage …

Symposium Foreword, J. Rich Leonard

Campbell Law Review

No abstract provided.

Who Bears The Burden? The Place For Participation Of Municipal Residents In Chapter 9, C. Scott Pryor

Campbell Law Review

No abstract provided.

A Remedy For Online Exposure: Recognizing The Public-Disclosure Tort In North Carolina, C. Calhoun Walters

Campbell Law Review

North Carolina is one of only a few jurisdictions that does not recognize the tort of public disclosure of private facts—a civil remedy that protects against the offensive and unauthorized publication of private information that is not of legitimate public concern. The absence of this tort has created a gap in privacy protection in the state that is increasingly problematic with the rise of revenge porn and other online injuries made possible by the widespread use of the Internet and online social networking sites. This Comment specifically explores how recognition of the tort of public disclosure of private facts in …

Consent: Its Scope, Blips, Blemishes, And A Bekins Extrapolation Too Far (Keynote Address), Hon. Thomas B. Bennett

Campbell Law Review

No abstract provided.

Fair And Unfair Discrimination In Municipal Bankruptcy, Richard M. Hynes, Steven D. Walt

Campbell Law Review

No abstract provided.