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Articles 1 - 15 of 15

Full-Text Articles in Law

Constitutional Law - The Constitutionality Of The Adolescent Family Life Act: An Analysis Of Bowen V. Kendrick And Its Impact On Current Establishment Clause Jurisprudence, Thomas G. Walker Jan 1989

Constitutional Law - The Constitutionality Of The Adolescent Family Life Act: An Analysis Of Bowen V. Kendrick And Its Impact On Current Establishment Clause Jurisprudence, Thomas G. Walker

Campbell Law Review

This Note has four objectives: first, to examine the facts before the Court in Bowen; second, to provide a brief survey of several significant cases in the Establishment Clause arena; third, to critique the use of the traditional Lemon v. Kurtzman analysis applied by the Bowen Court; and fourth, to analyze the implications of the Bowen holding on Establishment Clause jurisprudence.


Guarding The Guardians: Expanding Auditor Negligence Liability To Third-Party Users Of Financial Information, James W. Zisa Jan 1989

Guarding The Guardians: Expanding Auditor Negligence Liability To Third-Party Users Of Financial Information, James W. Zisa

Campbell Law Review

The nature of today's financial information is changing faster than the public user can respond. The public is beginning to rely more heavily on the auditors of this information, imposing upon the professional a level of social responsibility unparalleled by that of prior years. This increasing reliance on the accounting profession is the focus of this Article. This paper will raise and discuss two interrelated issues. First, to whom, if anyone, should an auditor be held liable for negligence in the performance of his professional duties? Second, accepting the current system of legal responsibilities, what is the profession doing to …


Workers' Compensation - Death Knell Of A Good Samaritan! - Culpepper V. Fairfield Sapphire Valley, Kathleen G. Sumner Jan 1989

Workers' Compensation - Death Knell Of A Good Samaritan! - Culpepper V. Fairfield Sapphire Valley, Kathleen G. Sumner

Campbell Law Review

First, this Note examines the impact of the Culpepper decision on Workers' Compensation claims involving employees rendering assistance to a third party. Second, the Note also serves as a caveat to employers who establish a general employee policy relating to dealing with the public.


When Two "Rights" Make A Wrong: The Protection Of Nonsmokers' Rights In The Workplace, Donna C. Stroud Jan 1989

When Two "Rights" Make A Wrong: The Protection Of Nonsmokers' Rights In The Workplace, Donna C. Stroud

Campbell Law Review

This Article will deal with the protection of nonsmokers' rights with emphasis on the special problems faced by nonsmokers in North Carolina. Nonsmokers need a way to be assured of a safe workplace and of job security despite the fact that tobacco is of great importance in the state's economy. Nonsmokers need remedies to pursue if they are harmed by exposure to smoke. Also, employers need to be aware of the liability ramifications of nonsmokers' rights and of how to protect their employees.


History And Executive Removal Power: Morrison V. Olson And Separation Of Powers, John L. Gedid Jan 1989

History And Executive Removal Power: Morrison V. Olson And Separation Of Powers, John L. Gedid

Campbell Law Review

Why have there been such wide divergences in the cases involving executive power to remove? This Article attempts a partial answer to that puzzle.


Criminal Procedure - Presumed Guilty: The Use Of Videotaped And Closed-Circuit Televised Testimony In Child Sex Abuse Prosecutions And The Defendant's Right To Confrontation - Coy V. Iowa, Charles E. Wilson Jr. Jan 1989

Criminal Procedure - Presumed Guilty: The Use Of Videotaped And Closed-Circuit Televised Testimony In Child Sex Abuse Prosecutions And The Defendant's Right To Confrontation - Coy V. Iowa, Charles E. Wilson Jr.

Campbell Law Review

This Note proposes that those statutes which permit admission of videotaped testimony and most uses of closed-circuit televised testimony violate a criminal defendant's sixth amendment right to "confront his accusers." In Coy v. Iowa, the United States Supreme Court recently held that one state's practice of shielding the defendant from the view of the child witness during the child's testimony violated the defendant's right to confrontation. Following the Court's analysis, this Note discusses the various problems arising from the use of videotaped or closed-circuit televised testimony. Concluding that the admission of such testimony is not a constitutionally permissible substitute …


The Pearl In The Oyster: The Public Trust Doctrine In North Carolina, Valerie B. Spalding Jan 1989

The Pearl In The Oyster: The Public Trust Doctrine In North Carolina, Valerie B. Spalding

Campbell Law Review

The first part of this article will trace the history of the public trust doctrine from Roman times, through its application in England, and thence to its development in the United States to the present. The more important issues associated with the doctrine, such as the constitutional "takings clause" argument, will be discussed. The second part of the article will trace the public trust doctrine in North Carolina and explore the underpinnings and rationale of the State v. Credle decision. It will also discuss the issues raised in part one with regard to their application in North Carolina. Finally, the …


Smoking In The Workplace: Who Has What Rights?, John C. Fox Jan 1989

Smoking In The Workplace: Who Has What Rights?, John C. Fox

Campbell Law Review

This Article will examine the legal issues that surround the workplace smoking controversy and will discuss the "rights" of smokers and nonsmokers. This Article also reviews legislation aimed at protecting the interests of smokers and nonsmokers in connection with their employment. Finally, the Article discusses practical resolutions which employers may find useful when addressing workplace smoking issues.


A Gap In The North Carolina Motor Vehicle Liability Policy Statute: Joint Tortfeasors - When And How Does Underinsured Motorist Coverage Apply?, Elizabeth H. Mccullough Jan 1989

A Gap In The North Carolina Motor Vehicle Liability Policy Statute: Joint Tortfeasors - When And How Does Underinsured Motorist Coverage Apply?, Elizabeth H. Mccullough

Campbell Law Review

This Comment examines North Carolina's underinsured motorist coverage statute, a standard North Carolina automobile insurance policy and applicable common law.


Criminal Law - Battered Woman Syndrome: The Killing Of A Passive Victim - A Perfect Defense Or A Perfect Crime? - State V. Norman, Jeffrey M. Cutler Jan 1989

Criminal Law - Battered Woman Syndrome: The Killing Of A Passive Victim - A Perfect Defense Or A Perfect Crime? - State V. Norman, Jeffrey M. Cutler

Campbell Law Review

This Note will examine the strengths and weaknesses of the decision in State v. Norman, and will discuss whether this ruling provides solutions or further problems for the legal system in this area of controversy. In scrutinizing what has been labeled the "battered spouse syndrome," the legal profession must answer a question. Is the use of the syndrome creating a perfect defense or is it opening the door to the perfect crime?


Civil Rico: The Judges' Perspective, And Some Notes On Practice For North Carolina Lawyers, The Honorable David B. Sentelle Jan 1989

Civil Rico: The Judges' Perspective, And Some Notes On Practice For North Carolina Lawyers, The Honorable David B. Sentelle

Campbell Law Review

No abstract provided.


Much Ado About Mighty Little - North Carolina And The Application Of The Relative Hardship Doctrine To Encroachments Of Permanent Structures On The Property Of Another, Olivia L. Weeks Jan 1989

Much Ado About Mighty Little - North Carolina And The Application Of The Relative Hardship Doctrine To Encroachments Of Permanent Structures On The Property Of Another, Olivia L. Weeks

Campbell Law Review

This paper presents a legal argument for the application of the relative hardship test in all actions based on the encroachment of permanent structures on the land of another. First, the doctrine of relative hardship is presented. Second, this paper reviews the cases handed down by the North Carolina courts which have applied or discussed the application of the relative hardship test. Finally, this paper recommends the application of the relative hardship test as the most objective standard for determining an appropriate remedy where a mandatory injunction to compel removal is an issue.


Constitutional Law - Prisoners' Rights - Recognition That Involuntary Exposure To Environmental Tobacco Smoke May Constitute Cruel And Unusual Punishment - Avery V. Powell, Robin Terry Jan 1989

Constitutional Law - Prisoners' Rights - Recognition That Involuntary Exposure To Environmental Tobacco Smoke May Constitute Cruel And Unusual Punishment - Avery V. Powell, Robin Terry

Campbell Law Review

This Note will analyze how the ,em>Avery Court reached its conclusion. In addition, this Note will examine Avery's reliance on the Rhodes v. Chapman standard. The main thrust of this Note will be to demonstrate the widespread recognition of the harmful effects of ETS and how the Avery Court used that recognition to acknowledge plaintiff's cause of action.


Criminal Law - The "No I Didn't, And Yes I Did But...." Defense: Is The Entrapment Defense Available To Criminal Defendants Who Deny Doing The Crime? - Mathews V. United States, George Robert Hicks Iii Jan 1989

Criminal Law - The "No I Didn't, And Yes I Did But...." Defense: Is The Entrapment Defense Available To Criminal Defendants Who Deny Doing The Crime? - Mathews V. United States, George Robert Hicks Iii

Campbell Law Review

This Note will explore the history of the entrapment defense. In addition, this Note will review previous federal court decisions regarding the inconsistency rule. The inconsistency rule refuses a criminal defendant the right to deny committing the charged acts and plead the entrapment defense. This Note will analyze both the majority and dissenting opinions of Mathews. The Note concludes by urging the North Carolina courts to follow the Mathews lead and change its stance with regard to the inconsistency rule.


Webster V. Reproductive Health Services: Do Legislative Declarations That Life Begins At Conception Violate The Establishment Clause?, Dr. Robert L. Maddox, Blaine Bortnick Jan 1989

Webster V. Reproductive Health Services: Do Legislative Declarations That Life Begins At Conception Violate The Establishment Clause?, Dr. Robert L. Maddox, Blaine Bortnick

Campbell Law Review

This article contends that the Missouri legislative statement is a theologically derived finding that personhood begins at the moment of conception. Such an inherently theological and controversial determination violates a core purpose of the establishment clause of the first amendment, the absolute prohibition against government preference of one religious sect or denomination over another and the placing of the state's imprimatur on a particular religious dogma. What follows is a synopsis of the religious debate over whether human life begins at conception. Next is a discussion of the statute in light of this debate in the context of establishment clause …