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Articles 1 - 12 of 12
Full-Text Articles in Law
Parol Modification And The Statute Of Frauds: Fitting The Pieces Together Under The Uniform Commercial Code, Jeanette K. Brooks
Parol Modification And The Statute Of Frauds: Fitting The Pieces Together Under The Uniform Commercial Code, Jeanette K. Brooks
Campbell Law Review
This comment explores, respectively, the history and purpose of the statute of frauds, the requirement of the Code's statute of frauds, the distinctions between sections 2-209(2) and 2-209(3), the faults in the majority application of section 2-209(3), the proposed application of section 2-209(3), and the benefits of the submitted application of section 2-209.
Vendor Liability For The Sale Of Alcohol To An Underage Person: The Untoward Consequences Of Estate Of Mullis V. Monroe Oil Co., Angela M. Easley
Vendor Liability For The Sale Of Alcohol To An Underage Person: The Untoward Consequences Of Estate Of Mullis V. Monroe Oil Co., Angela M. Easley
Campbell Law Review
This article contends that Defendants clearly had a duty to the people who travel on public highways not to serve alcohol to an underage individual. Therefore, N.C. GEN. STAT. section 18B-302, which prohibits the sale of alcohol to underage persons, should be regarded as a public safety statue, violation of which constitutes negligence per se. It further argues that Defendants should have recognized that Mullis and others might be injured by their conduct. The supreme court merely misinterpreted the element of duty required to maintain a common law negligence action and failed to look at the evidence and circumstances surrounding …
I-95 A/K/A The Drug Trafficker's Freeway And Its Impact On State Constitutional Law, The Honorable Robert H. Hobgood
I-95 A/K/A The Drug Trafficker's Freeway And Its Impact On State Constitutional Law, The Honorable Robert H. Hobgood
Campbell Law Review
This article argues that a criminal in a search and seizure case can expect disparate results in different state trial courts although identical factual situations exist. The good faith exception to the exclusionary rule adopted by the United States Supreme Court in United States v. Leon has not been applied with uniformity in state courts. Furthermore, this article finds that some state courts, relying on "adequate and independent" state grounds, have afforded criminal defendants greater protection under state constitutions and statutes than they would receive in other state courts or federal district courts. Finally, this article argues that state appellate …
Faith, Reason, And Bare Animosity, Daniel A. Crane
Faith, Reason, And Bare Animosity, Daniel A. Crane
Campbell Law Review
This article critiques the convergence of the nonestablishment and "naked animosity" principles as applied to religiously motivated state action.
Ramifications Of The 1997 Dwi/Felony Prior Record Level Amendment To The Structured Sentencing Act: State Of North Carolina V. Tanya Watts Gentry, William Thomas Kesler Jr.
Ramifications Of The 1997 Dwi/Felony Prior Record Level Amendment To The Structured Sentencing Act: State Of North Carolina V. Tanya Watts Gentry, William Thomas Kesler Jr.
Campbell Law Review
It is the purpose of this note to examine pertinent general statutes and case law to determine whether using previous DWI convictions as both elements in habitual impaired driving and towards the defendant's prior record level is truly "contrary to the laws of this state". First, this note will look at the 1997 amendment to the Structured Sentencing Act, and how its effects led to the controversy in Gentry. Next, this note will examine an overview of North Carolina's jurisprudence of the habitual felon statutes and the habitual impaired driving statute in order to provide a look at the attitude …
Cureton V. National Collegiate Athletic Association: Was The Federal District Court Out Of Bounds When It Enjoined The Ncaa From Continued Operation Of Proposition 16?, Dennis L. Martin
Campbell Law Review
No abstract provided.
Current Federal And State Conflicts In The Independent Contractor Versus Employee Classification Controversy, Jack E. Karns
Current Federal And State Conflicts In The Independent Contractor Versus Employee Classification Controversy, Jack E. Karns
Campbell Law Review
Part II of this Article outlines the development of the federal IRS worker classification status and attendant issues. Part III introduces some initiatives taken by the IRS in an effort to settle cases with taxpayers. Part IV discusses the federal criminal sanctions that can be imposed on an individual or entity which fails to collect or pay over to the United States Treasury these employment trust fund taxes. In Part V, the status of worker classification in North Carolina is considered relative to cases filed primarily with the Employment Security Commission. Finally, in Part VI, some observations are offered regarding …
The End Of The North Carolina Abortion Fund, Paul Stam
The End Of The North Carolina Abortion Fund, Paul Stam
Campbell Law Review
This Article supports the court's position that there is no state constitutional right to state funding of abortion. It focuses on three areas often neglected by appellate courts. First, this article will look at the legal environment in which the Constitution of 1868 was adopted. As of 1868, the law of North Carolina would have been hostile to a claim of a right to abortion or a right to state funding of abortion. Abortion rights litigants offer several state cases as precedent for their position. Next, this article will demonstrate that many of these cases are not persuasive or are …
A Brief Comment On The Application Of The "Contemporary Community Standard" To The Internet, Phillip E. Lewis
A Brief Comment On The Application Of The "Contemporary Community Standard" To The Internet, Phillip E. Lewis
Campbell Law Review
No abstract provided.
Of "Private Governments" And The Regulation Of Neighborhoods: The North Carolina Planned Community Act, Patrick K. Hetrick
Of "Private Governments" And The Regulation Of Neighborhoods: The North Carolina Planned Community Act, Patrick K. Hetrick
Campbell Law Review
This article will highlight the countless instances in which the Planned Community Act deviates in material ways from both the Uniform Planned Community Act and the North Carolina Condominium Act. Many of these variances and omissions amount to a reinforcement of the power of the declarant and, eventually, the owners' association. In the abstract, many contribute to a fundamental shift in the balance of power from private property owners to private governments. Discussions and summaries of the Planned Community Act to date have not emphasized the numerous policy decisions that were consciously or indirectly made when the General Assembly enacted …
Court-Ordered Arbitration In North Carolina: Selected Issues Of Practice And Procedure, Thomas R. Fowler
Court-Ordered Arbitration In North Carolina: Selected Issues Of Practice And Procedure, Thomas R. Fowler
Campbell Law Review
No abstract provided.
North Carolina's Unconstitutional Expansion Of An Ancient Maxim: Using Dwi Fatalities To Satisfy First-Degree Felony Murder, Graham T. Stiles
North Carolina's Unconstitutional Expansion Of An Ancient Maxim: Using Dwi Fatalities To Satisfy First-Degree Felony Murder, Graham T. Stiles
Campbell Law Review
This Comment argues that using a traffic fatality to satisfy the felony-murder rule is inappropriate. When the State prosecutes a DWI fatality under the felony murder rule, it diminishes the concept of an ancient doctrine. If it is the goal of the State to give life sentences or the death penalty for DWI fatalities, then it is the responsibility of the North Carolina General Assembly to enact a statute specifically dictating such punishment rather than the court judicially imposing the punishment through their interpretation of the felony-murder rule.