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Articles 1 - 23 of 23
Full-Text Articles in Law
Unleashing The Greyhounds - The Bus Regulatory Reform Act Of 1982, William E. Thoms
Unleashing The Greyhounds - The Bus Regulatory Reform Act Of 1982, William E. Thoms
Campbell Law Review
Ships have launched a thousand tales and the railroad train has inspired nostalgia, romance, mystery, folk song and melodrama. Even the over-the-road truck has given birth to the entire genre of country and western ballad. No movie of life among the glamorous rich would be complete without the obligatory scenes of dashing jet planes and handsome crews. No comparable literary tribute has arisen to the intercity bus, despite the fact of its ubiquity in modern life. Buses serve more communities than airplanes and Amtrak combined, are part of the national experience (everyone has been, if not an intercity bus passenger, …
The Professional Degree As Marital Property Under North Carolina's Equitable Distribution Statute, Darnell A. Batton
The Professional Degree As Marital Property Under North Carolina's Equitable Distribution Statute, Darnell A. Batton
Campbell Law Review
The Legislature in enacting the North Carolina Act for Equitable Distribution of Marital Property altered the common law approach of dividing property upon divorce strictly according to record title. Under the new statute, marriage is viewed as a joint venture to acquire property through monetary and non-monetary efforts of each spouse. The Legislature authorizes the courts to reward these mutual efforts by dividing marital property in an equitable fashion. Marital property is that real or personal property acquired during marriage which is traceable to the joint efforts of both spouses. Under the new statute, only that property classified as "marital …
Constitutional Law - Legislative Chaplaincy Program Held Not To Violate The Establishment Of Religion Clause - Marsh V. Chambers, M. Greg Crumpler
Constitutional Law - Legislative Chaplaincy Program Held Not To Violate The Establishment Of Religion Clause - Marsh V. Chambers, M. Greg Crumpler
Campbell Law Review
The question of the constitutionality of legislative chaplains has essentially gone unaddressed. The Supreme Court recently ventured into this uncharted wilderness, when, in Marsh v. Chambers, the Court ruled that a Nebraska legislative chaplaincy program did not violate the Establishment Clause. In addition to being the first Supreme Court case dealing with legislative chaplains, Marsh also marked a departure from the Court's usual method of Establishment Clause analysis.
Legal Implications Of Human In Vitro Fertilization For The Practicing Physician In North Carolina, Roger B. Bernholz, G. Nicholas Herman
Legal Implications Of Human In Vitro Fertilization For The Practicing Physician In North Carolina, Roger B. Bernholz, G. Nicholas Herman
Campbell Law Review
Discussed in this article is the current federal and North Carolina law that bears upon IVF, the potential criminal and tort liabilities that should be of concern to the IVF practitioner, and the recourses available to the IVF practitioner for protection against liability in the course of this practice. In appropriate circumstances, the law of other American jurisdictions is drawn upon.
Employment Discrimination - Evidentiary Standards In Employment Discrimination Suits - Department Of Correction V. Gibson, Beth Marshall
Employment Discrimination - Evidentiary Standards In Employment Discrimination Suits - Department Of Correction V. Gibson, Beth Marshall
Campbell Law Review
This note will examine the burden of proof which must be borne by the employee in employment discrimination cases brought under N.C.G.S. § 126-36 and the limited future utility of N.C.G.S. § 126-36.
Economic Valuation For Wrongful Death, Joseph E. Johnson, George B. Flanigan
Economic Valuation For Wrongful Death, Joseph E. Johnson, George B. Flanigan
Campbell Law Review
At common law, there was no right to recover damages for the wrongful death of another. North Carolina General Statutes § 28A-18-2, however, provides a cause of action for wrongful death in North Carolina, and provides the basis upon which damages may be awarded. The primary concerns of a plaintiff proceeding under the statute often center around proving those factors listed in the statute as possible components of the damage award. The difficulty inherent in a wrongful death action lies in reaching a fair and reasonable estimate of the lost income the decedent could have earned but for an untimely …
Criminal Procedure - Vessels In Inland Waters Are Subject To Suspicionless Boarding - United States V. Villamonte-Marquez, Wallace R. Young Jr.
Criminal Procedure - Vessels In Inland Waters Are Subject To Suspicionless Boarding - United States V. Villamonte-Marquez, Wallace R. Young Jr.
Campbell Law Review
The purpose of this Note is to examine the fourth amendment implications of the holding in Villamonte-Marquez. The Note will examine the Court's treatment of Section 1581(a) under which the search arose, analyze the judicial treatment of the decisions relied on by the Court and criticize the Court's treatment of the "reasonableness" of the governmental intrusion. The Note concludes that because private cabin-boaters have great interests against arbitrary intrusion by officials, cases such as Villamonte-Marquez should be scrutinized more carefully to preserve the protection of the fourth amendment.
A Practical Interpretation Of North Carolina's Comprehensive Plan Requirement, Kenneth G. Silliman
A Practical Interpretation Of North Carolina's Comprehensive Plan Requirement, Kenneth G. Silliman
Campbell Law Review
This article offers a practical interpretation of North Carolina's "comprehensive plan" requirement. Although this topic has been frequently analyzed, most other articles have concentrated on criticizing the existing case law and recommending statutory changes. By contrast, this paper is addressed to practicing planners, real estate lawyers and government lawyers who must work within the existing statutory framework. As a basic foundation, the author assumes that legislative changes are unlikely in North Carolina, and instead has attempted to reconcile existing case law with the original rationale for the planning requirement.
Criminal Procedure - Edwards V. Arizona Is Alive But Not Well In North Carolina - State V. Franklin, John Lloyd Coble
Criminal Procedure - Edwards V. Arizona Is Alive But Not Well In North Carolina - State V. Franklin, John Lloyd Coble
Campbell Law Review
The purpose of this note is to analyze the North Carolina Supreme Court's decision in State v. Franklin, in light of the United States Supreme Court's Edwards rule, to show how the North Carolina court deviated from the rule and failed to exclude from trial evidence obtained in violation of defendant's constitutionally protected rights.
Criminal Procedure - Motion For Change Of Venue - In Search Of A Guiding Light - State V. Jerrett, Buxton Sawyer Copeland
Criminal Procedure - Motion For Change Of Venue - In Search Of A Guiding Light - State V. Jerrett, Buxton Sawyer Copeland
Campbell Law Review
This note will analyze the unique circumstances of Jerrett in light of the purposes for a change of venue motion and consider the precendential value, if any, of this case. In addition, the methodology employed by the court will be examined to determine if it provides a sufficient guide to the practicing attorney.
Restrictive Covenants - Enforceability Of Assessments Against Property Owners In Residential Developments - Figure Eight Beach Homeowners' Association, Inc. V. Parker, Ernest Rawls Carter Jr., Monty Beck
Restrictive Covenants - Enforceability Of Assessments Against Property Owners In Residential Developments - Figure Eight Beach Homeowners' Association, Inc. V. Parker, Ernest Rawls Carter Jr., Monty Beck
Campbell Law Review
The North Carolina Court of Appeals in Figure Eight Beach Homeowners' Association v. Parker, rejected the defendant property owner's interpretation of several earlier decisions. The property owner claimed the earlier decisions required affirmative covenants to contain some ascertainable standards by which the court could objectively determine the amount and purposes of the assessments. The Court of Appeals claimed, however, it was applying the same standards set forth in the earlier decisions regarding the enforceability of similar covenants. In essence, the court's adoption of a broader interpretation of the earlier case law validates stricter enforcement of assessment covenants by property …
Workers' Compensation - A Departure From Precedent Or Past Error Corrected - Rutledge V. Tultex Corp./Kings Yarn, Sharon L. Hartman
Workers' Compensation - A Departure From Precedent Or Past Error Corrected - Rutledge V. Tultex Corp./Kings Yarn, Sharon L. Hartman
Campbell Law Review
This note examines Rutledge in view of the North Carolina Workers' Compensation Act and North Carolina precedent interpreting the Act in the occupational disease area. It focuses on whether the standard adopted by the court is consistent with precedent and the purposes of the Act. Finally, it considers the effect of this standard on the byssinosis victim in proving the necessary causation for a compensable occupational disease.
Expertise In Trial Advocacy: Some Considerations For Inquiry Into Its Nature And Development, Paul E. Johnson, Michael G. Johnson, Raleigh K. Little
Expertise In Trial Advocacy: Some Considerations For Inquiry Into Its Nature And Development, Paul E. Johnson, Michael G. Johnson, Raleigh K. Little
Campbell Law Review
It is the central thesis of this paper that what is needed to assess the validity of many of the criticisms directed toward legal practice and training, and to resolve many of the controversies surrounding attempts to correct these criticisms, is a representation or documentation of the structure of expertise in legal practice - especially in trial advocacy since this represents the focus of most complaints. Without such a representation it is difficult to support allegations of incompetence or to defend the efficiency of specific reform on other than subjective or intuitive grounds. At this time no systematic representation exists.
A New Bright Line Rule For General Construction Contractors - Brady V. Fulghum, Kimberly Ann Kelly
A New Bright Line Rule For General Construction Contractors - Brady V. Fulghum, Kimberly Ann Kelly
Campbell Law Review
This note will analyze the background of cases leading up to the rejection of the doctrine of substantial compliance and the effect of those cases, as controlling precedent, in light of the Brady decision. Further, this note will examine the court's opinion to demonstrate that while the court specifically rejected the doctrine it left open the door for recovery by unlicensed general contractors in specific factual circumstances.
Interest-Free Demand Loans Now Subject To Gift Tax - Dickman V. Commissioner, William T. Sharpe
Interest-Free Demand Loans Now Subject To Gift Tax - Dickman V. Commissioner, William T. Sharpe
Campbell Law Review
One day, Mr. Jones walks into your office and tells you that he wants to help junior start his own business, but he does not want to incur any gift tax. "No problem," you say, and you proceed to tell him about the advantages of an interest-free demand loan to junior. You tell him that based on Johnson v. United States and Crown v. Commissioner, an interest-free demand loan will not result in a taxable gift. So junior can get the money to start his new business, Mr. Jones can transfer some of his wealth without adverse gift tax …
Criminal Procedure - The Role Of The Search Warrant In Fire Investigations - Michigan V. Clifford, Samuel A. Mann
Criminal Procedure - The Role Of The Search Warrant In Fire Investigations - Michigan V. Clifford, Samuel A. Mann
Campbell Law Review
This note will attempt to determine whether the Court was successful in clarifying the doubt concerning the application of the precepts stated in Tyler, or whether the Court may have sown new seeds of confusion in this area.
Evidence - Polygraph Test Results No Longer Admissible In North Carolina - State V. Grier, William T. Sharpe
Evidence - Polygraph Test Results No Longer Admissible In North Carolina - State V. Grier, William T. Sharpe
Campbell Law Review
The North Carolina Supreme Court expressly overruled State v. Steele and State v. Milano by its decision in State v. Grier. The Court held that polygraph results are no longer admissible as evidence in civil or criminal trials in North Carolina notwithstanding a prior stipulation by the parties. This note will examine the Court's rationale and the implications of its decision.
Criminal Procedure - Removing The Third Option From The Jury - State V. Strickland, Lisa Boutelle Hardin
Criminal Procedure - Removing The Third Option From The Jury - State V. Strickland, Lisa Boutelle Hardin
Campbell Law Review
Prior to the North Carolina Supreme Court's holding in State v. Strickland, the rule governing second degree murder jury instructions in a first degree murder case was clear. In all murder cases in which the prosecution relied on the elements of premeditation and deliberation to prove that first degree murder had been committed, the trial judge was required to submit the issue of second degree murder to the jury. This rule came from the Court's unanimous decision in State v. Harris. The Court adhered to this rule in several later cases until it heard Strickland in 1983. Apparently …
Coercive Governmental Intervention And The Family: A Comment On North Carolina's Proposed Standards, The Hon. Clarence E. Horton Jr.
Coercive Governmental Intervention And The Family: A Comment On North Carolina's Proposed Standards, The Hon. Clarence E. Horton Jr.
Campbell Law Review
It is ... the purpose of this comment ... to examine the broad changes which the proposed standards would make in the present child-protection and foster care system, and to suggest additional areas in which further study is needed.
The Growing Pains Of Cable Television, Beth Bals
The Growing Pains Of Cable Television, Beth Bals
Campbell Law Review
This comment will reveal the limited application of the Capital Cities' decision with a discussion of FCC regulation of cable signal carriage and the Commission's reaction to cable content regulation. Recent challenges to local cable content regulation on the basis of first amendment concerns, as opposed to federal preemption, will also be highlighted.
Formulation Of The Two Part Analysis For State Action Exemption - Hoover V. Ronwin, Donald E. Harrop
Formulation Of The Two Part Analysis For State Action Exemption - Hoover V. Ronwin, Donald E. Harrop
Campbell Law Review
This note begins by discussing the Hoover case in light of the actual holding by the Court. It then tracks the history of the Parker doctrine and examines the Court's progression in attempting to formulate a practical analysis for the state exemption. Finally, the note shows that Justice Powell's opinion in Hoover articulated a clear and workable analytical process based on, and consistent with, previous Court decisions.
A New Rule For Consent Judgments In Family Law - Walters V. Walters, H. William Palmer Jr.
A New Rule For Consent Judgments In Family Law - Walters V. Walters, H. William Palmer Jr.
Campbell Law Review
In the process of obtaining a divorce, the husband and wife frequently enter into a consent judgment which outlines the rights and obligations of the parties. The agreement commonly deals with both the alimony and property provisions of the settlement and is incorporated into the court's decree. Consent judgments are commonly designated as one of two types. The first is treated as a contract between the parties and is not modifiable without their consent. The second is treated as a court ordered judgment and is both modifiable and enforceable by the court's contempt power. The language of the agreement and …
Criminal Procedure - Oliver And The Open Fields Doctrine - Oliver V. United States, T. Michael Godley
Criminal Procedure - Oliver And The Open Fields Doctrine - Oliver V. United States, T. Michael Godley
Campbell Law Review
In examining the vitality of the open fields doctrine, this note will consider the development of the doctrine, the controversy caused by the Katz v. United States opinion, and the Oliver decision itself. Weaknesses in the majority's analysis will be discussed and alternative approaches will be given. According to the Supreme Court in Oliver, open fields are not entitled to fourth amendment protections, nor are expectations of privacy within those fields deemed reasonable.