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Full-Text Articles in Law
Conditional Federal Spending And The States "Free Exercise" Of The Tenth Amendment, Kristian D. Whitten
Conditional Federal Spending And The States "Free Exercise" Of The Tenth Amendment, Kristian D. Whitten
Campbell Law Review
This article will examine Congress' power under the Spending Clause, and will seek to determine whether, by using its spending power, Congress can constitutionally impose a "free exercise" condition on States and local governments. Part II discusses federalism and the Court's "free exercise" clause jurisprudence. Part III addresses the substance of the proposed RLPA. Parts IV and V examine the Court's shifting posture towards the Spending Clause and federalism respectively. Part VI contrasts the broad provisions of the RLPA, with the more narrow conditions found in the Equal Access Act. Finally, Part VII concludes that enactment of the proposed RLPA …
King V. North Carolina: A Misinterpretation Of The Lucas Takings Rule, Don R. Wells
King V. North Carolina: A Misinterpretation Of The Lucas Takings Rule, Don R. Wells
Campbell Law Review
This note will examine the decision in King and analyze the facts of this case under the correct interpretation of Lucas. Part II of this note will present the facts and procedural history of King. Part III will demonstrate that the Lucas rule, as applied in King was erroneous, and will analyze the facts of King under the correct interpretation of Lucas.
National Endowment For The Arts V. Finley: Challenging The Facial Challenge, Gloria F. Taft
National Endowment For The Arts V. Finley: Challenging The Facial Challenge, Gloria F. Taft
Campbell Law Review
This Note examines the facial challenge in National Endowment for the Arts ("NEA") v. Finley and how an as-applied challenge may have produced a different outcome. In particular, this Note will analyze the inadequacy of a facial challenge to the "decency & respect" provision, and in the alternative how an asapplied challenge would have invalidated the provision when applied to artists such as the Respondents in Finley.
The Constitutionality Of Anti-Gang Legislation, Beth Bjerregaard
The Constitutionality Of Anti-Gang Legislation, Beth Bjerregaard
Campbell Law Review
The purpose of this article is to examine the constitutionality of anti-gang legislation within the context of the First Amendment. Specifically, the doctrines of vagueness and overbreadth and the related issue of freedom of association will be examined with respect to statutory provisions which criminalize gang participation.
Batch V. Town Of Chapel Hill - Takings Law And Exactions: Where Should North Carolina Stand?, Elizabeth K. Arias
Batch V. Town Of Chapel Hill - Takings Law And Exactions: Where Should North Carolina Stand?, Elizabeth K. Arias
Campbell Law Review
This note argues that the North Carolina Supreme Court improperly decided Batch v. Town of Chapel Hill by ruling on a mere technicality. Instead the court should have focused on the nature of the town's ordinance and the required exaction and should have addressed Dr. Batch's takings claim. Proper analysis of Dr. Batch's claim indicates that the condition the Town of Chapel Hill imposed was an unconstitutional exaction. Part I of this note sets out the factual background and issues raised by the Batch decision and details the reasoning of both the North Carolina Court of Appeals and the North …
A Return To The Basics: Constitutional Answers To The Racial Gerrymandering Questions, Shannon L. Vandiver
A Return To The Basics: Constitutional Answers To The Racial Gerrymandering Questions, Shannon L. Vandiver
Campbell Law Review
This comment seeks to explain the incorrigible by returning to the basics. Starting and ending at the Constitution and a notion of what it means to be represented, this comment traces the development of redistricting jurisprudence from the Fourteenth and Fifteenth Amendments through the Voting Rights Act and finally to the Supreme Court. Most notably, this comment focuses on the effects of the redistricting quagmire on the state ofNorth Carolina throughout the 1990's as an exemplar of a reapportionment process attempting to pander to the political proclivities of both the Department of Justice and the Judicial branch.