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Articles 1 - 13 of 13
Full-Text Articles in Law
Dance And The Choreographer's Dilemma: A Legal And Cultural Perspective On Copyright Protection For Choreographic Works, Kathleen Abitabile, Jeanette Picerno
Dance And The Choreographer's Dilemma: A Legal And Cultural Perspective On Copyright Protection For Choreographic Works, Kathleen Abitabile, Jeanette Picerno
Campbell Law Review
This article will present specific legal cases involving the need for choreographers to copyright their works and will address whether the need for copyright protection for a dance is overly disputed or immensely neglected.
Double Jeopardy And The Death Penalty: A Fundamental Constitutional Protection With Life Or Death Consequences, Kristen Lindsay Todd
Double Jeopardy And The Death Penalty: A Fundamental Constitutional Protection With Life Or Death Consequences, Kristen Lindsay Todd
Campbell Law Review
What is the effect of a deadlocked jury in a sentencing hearing for the application of the death penalty on the termination of jeopardy? This comment will explore this issue as presented in Sattazahn v. Pennsylvania, and analyze not only the arguments made in both the majority and dissenting opinions, but other considerations which arise when deciding if double jeopardy protections should apply. Also considered in the comment is the effect of the Sattazahn decision on future criminal defendants. What consequences will this decision have for the death row defendant when trying to decide whether to appeal his possibly erroneous …
Scarlet Letter Punishment For Juveniles: Rehabilitation Through Humiliation?, Bonnie Mangum Braudway
Scarlet Letter Punishment For Juveniles: Rehabilitation Through Humiliation?, Bonnie Mangum Braudway
Campbell Law Review
This comment begins by discussing the historical development of the juvenile justice system and society's use of shaming penalties. In Section III, it will point out the dangers of using shaming penalties on juvenile offenders. Section IV will explore how the highest courts in two major jurisdictions may handle an appeal from a fictional juvenile sentenced to a shaming punishment. Finally, the comment will discuss possible improvements in the juvenile justice system.
Childhood Vaccinations And Autism: Does The National Childhood Vaccine Injury Act Leave Parents Of Children With Autism Out In The Cold With Nowhere To Go?, Katherine Marie Bulfer
Childhood Vaccinations And Autism: Does The National Childhood Vaccine Injury Act Leave Parents Of Children With Autism Out In The Cold With Nowhere To Go?, Katherine Marie Bulfer
Campbell Law Review
No abstract provided.
Lost In The Forest Of The Establishment Clause: Elk Grove V. Newdow, Todd Collins
Lost In The Forest Of The Establishment Clause: Elk Grove V. Newdow, Todd Collins
Campbell Law Review
This article provides and in-depth examination of the Newdow case and High Court's opinion.
The Nonprofit Hospital: A Call For New National Guidance Requiring Minimum Annual Charity Care To Qualify For Federal Tax Exemption, Gabriel O. Aitsebaomo
The Nonprofit Hospital: A Call For New National Guidance Requiring Minimum Annual Charity Care To Qualify For Federal Tax Exemption, Gabriel O. Aitsebaomo
Campbell Law Review
This article begins with an examination of the origin of the federal tax exemption of the tax-exempt hospital, the current statutory frame-work for federal tax exemption, and the community benefits standard. Next, the article discusses the rationale for the exemption and the regulatory changes in the standards of exemption that paved the way for the current movement away from charity care by the tax-exempt hospital and the need for new national guidance. Thereafter, the article discusses some state initiatives aimed at making the tax-exempt hospital more accountable. Finally, the article recommends that the Internal Revenue Service (the "Service") issue a …
There Is A Porn Store In Mr. Roger's Neighborhood: Will You Be Their Neighbor? How To Apply Residential Use Restrictive Covenants To Modern Home Businesses, Drew Lucas
Campbell Law Review
No abstract provided.
The Constitutional Floor Doctrine And The Right To A Speedy Trial, Darren Allen
The Constitutional Floor Doctrine And The Right To A Speedy Trial, Darren Allen
Campbell Law Review
This article will begin with a quick description of the historical origins of the speedy trial right and the events marking its quiet evolution into a hallmark of our criminal justice system. It will then move into a discussion of the decisions articulating principles of new federalism which require that state courts defer to the federal interpretations of fundamental rights, before discussing of the controlling Supreme Court cases fashioning the test by which violations of the right are measured. Next, this article will showcase the critical differences between Spivey and Barker to demonstrate why North Carolina's speedy trial test intrudes …
Skin Formulas Belong In A Bottle: North Carolina's Diversity Scholarships Are Unconstitutional Under Grutter & Gratz, Mark Spencer Williams
Skin Formulas Belong In A Bottle: North Carolina's Diversity Scholarships Are Unconstitutional Under Grutter & Gratz, Mark Spencer Williams
Campbell Law Review
No abstract provided.
North Carolina's (F)(1) Mitigating Circumstance: Does It Truly Serve To Mitigate?, Ashley P. Maddox
North Carolina's (F)(1) Mitigating Circumstance: Does It Truly Serve To Mitigate?, Ashley P. Maddox
Campbell Law Review
The purpose of this article is to bring awareness to the misapplication of North Carolina's (f)(1) mitigating circumstance. Part II provides the legal development of the Eighth Amendment in the United States Supreme Court. Part III provides a background on North Carolina's death penalty scheme. Part IV addresses North Carolina law on mitigating circumstances. Finally, Part V provides analogous situations in the criminal law of North Carolina where the same acts admitted under the (f)(1) mitigating circumstance are treated as "significant", including The Structured Sentencing Act, The Habitual Offender Act, and the submission of the (e)(3) aggravating circumstance and the …
Criminal Defendants Deemed Incapable To Proceed To Trial: An Evaluation Of North Carolina's Statutory Scheme, Jennifer L. Morris
Criminal Defendants Deemed Incapable To Proceed To Trial: An Evaluation Of North Carolina's Statutory Scheme, Jennifer L. Morris
Campbell Law Review
This Comment will first address North Carolina's statute governing incapacity to proceed to trial. Next, this Comment will turn to the purpose and need for involuntary commitment, followed by a discussion of and explanations for the correlation between mental illness and criminal incarceration. This Comment will then present some suggestions for statutory revision of the existing North Carolina statute and will conclude with a brief discussion of funding issues.
Sharing Their Piece Of The Real Estate Pie: An Analysis Of The Necessity Of Lawyers At Residential Real Estate Closings In The Context Of The Adoption Of Recent Opinions Of The North Carolina State Bar, Melissa K. Walker
Campbell Law Review
This comment will address the necessity of lawyers at real estate closings in light of the recent changes in the Formal Ethics Opinions and Authorized Practice Advisory Opinion issued by the North Carolina State Bar.
The Irrational Use Of Rational Basis Review In Lawrence V. Texas: Implications For Our Society, Susan Austin Blazier
The Irrational Use Of Rational Basis Review In Lawrence V. Texas: Implications For Our Society, Susan Austin Blazier
Campbell Law Review
This article ... will begin by relaying the facts and background of the Lawrence case. Next, it will discuss the Court's decision in Bowers v. Hardwick and explore the constitutional law foundations for the Court's traditional reasoning as displayed in Bowers. The article will then turn to the Court's analysis of Lawrence. Finally, it will address the potential far-reaching implications of the Lawrence decision in the realm of constitutional law.