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Articles 1 - 10 of 10
Full-Text Articles in Law
Law Reviews And Their Relevance To Modern Legal Problems, Thomas L. Fowler
Law Reviews And Their Relevance To Modern Legal Problems, Thomas L. Fowler
Campbell Law Review
No abstract provided.
The Eggshell Skull Rule And Related Problems In Recovery For Mental Harm In The Law Of Torts, Dr. J. Stanley Mcquade
The Eggshell Skull Rule And Related Problems In Recovery For Mental Harm In The Law Of Torts, Dr. J. Stanley Mcquade
Campbell Law Review
The theme of this article is the place, actual and proposed, of the "thin skull" rule in relation to mental harm.
Why The United States Supreme Court's Rule In Kyllo V. United States Is Not The Final Word On The Constitutionality Of Thermal Imaging, Sarilyn E. Hardee
Why The United States Supreme Court's Rule In Kyllo V. United States Is Not The Final Word On The Constitutionality Of Thermal Imaging, Sarilyn E. Hardee
Campbell Law Review
No abstract provided.
The Feres Bar: The Right Ruling For The Wrong Reason, Kelly L. Dill
The Feres Bar: The Right Ruling For The Wrong Reason, Kelly L. Dill
Campbell Law Review
No abstract provided.
Once, Twice, Four Times A Felon: North Carolina's Unconstitutional Recidivist Statutes, Jason White
Once, Twice, Four Times A Felon: North Carolina's Unconstitutional Recidivist Statutes, Jason White
Campbell Law Review
This article will examine actions taken by the North Carolina legislature to address problems posed by recidivist criminal behavior. In particular, the constitutional standing of North Carolina's habitual misdemeanor assault and habitual impaired driving statutes will be evaluated. In order to provide an adequate discussion, the history and general principles of recidivism will be addressed. In addition, the impact of recidivist statutory trends upon constitutional guarantees of double jeopardy will be analyzed. Finally, the article will explain that North Carolina's habitual misdemeanor statutes are standing upon teetering constitutional ground.
Who Pays Arbitration Fees? The Unanswered Question In Circuit City Stores, Inc. V. Adams, Melissa G. Lamm
Who Pays Arbitration Fees? The Unanswered Question In Circuit City Stores, Inc. V. Adams, Melissa G. Lamm
Campbell Law Review
As courts and administrative agencies are becoming busier and litigation more complex, many today see alternative dispute resolution, specifically arbitration, as a way to promptly and efficiently resolve disputes. Arbitration, especially in light of the recent United States Supreme Court decision in Circuit City Stores, Inc. v. Adams, is becoming more common in employer-employee, business-customer, and business- business relationships. The Court held in Circuit City that the Federal Arbitration Act (FAA) applies to nearly all interstate employment relationships. The challenge before the courts now is determining who should bear the burden of paying for the arbitration of disputes.
Re-Evaluating Grandparental Visitation In North Carolina In Light Of Troxel V. Granville, John M. Lewis
Re-Evaluating Grandparental Visitation In North Carolina In Light Of Troxel V. Granville, John M. Lewis
Campbell Law Review
No abstract provided.
Closing The Window Of Opportunity: The Limited Rights Of Putative Fathers Under N.C. Gen. Stat. § 48-3-601 And In Re Byrd, Lauren Vaughan
Closing The Window Of Opportunity: The Limited Rights Of Putative Fathers Under N.C. Gen. Stat. § 48-3-601 And In Re Byrd, Lauren Vaughan
Campbell Law Review
This note will discuss whether the court's interpretation of N.C. Gen. Stat. § 48- 3-601 is consistent with legislative intent and with North Carolina case law, and will then address whether this statute adequately protects the constitutional rights of unmarried putative fathers as mandated by the United States Supreme Court.
Ignorance Of The Law: Should It Excuse Violations Of Certain Federal Restrictions On The Possession Of Firearms?, Thomas L. Fowler
Ignorance Of The Law: Should It Excuse Violations Of Certain Federal Restrictions On The Possession Of Firearms?, Thomas L. Fowler
Campbell Law Review
Are thousands of North Carolinians violating federal criminal law every day without knowing it even though such violations may subject them to imprisonment for up to ten years and a fine of up to $250,000? Ignorance of the law is generally held not to excuse criminal conduct, but can such ignorance ever be so reasonable and predictable as to constitute a legitimate excuse? Are some laws so obscure, technical, counter-intuitive, or hard to discover that ignorance of the law will be a defense?
North Carolina's Developing Public Policy Wrongful Discharge Doctrine In The New Millennium: Basic Principles, Causation And Proof Of Improper Motive, J. Michael Mcguinness
North Carolina's Developing Public Policy Wrongful Discharge Doctrine In The New Millennium: Basic Principles, Causation And Proof Of Improper Motive, J. Michael Mcguinness
Campbell Law Review
This article reviews the recent state and federal cases construing North Carolina's public policy wrongful discharge doctrine. The article also analyzes the most common practical problem that arises in wrongful discharge cases: the causation issue. Finally, the article offers a framework of analysis and a multi-part test for assessing improper motive, a difficult issue which arises in virtually all public policy wrongful discharge cases.