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Articles 1 - 14 of 14
Full-Text Articles in Law
Licensing Lawyers In The Modern Economy, Trippe S. Fried
Licensing Lawyers In The Modern Economy, Trippe S. Fried
Campbell Law Review
This article explores a key question for the future of the legal profession: does a paradigm in which each individual state has exclusive control over the practice of law within its borders work in the marketplace of Friedman's "flat world"? Or in today's global economy does state micromanagement of the legal profession so inure to the detriment of lawyers and clients that some form of national licensing is necessary?
In Vino Veritas: Does The Twenty-First Amendment Really Protect A State's Right To Regulate Alcohol? An Overview Of The North Carolina Wine Industry And The Continuing Wine Distribution Litigation, Christian Hart Staples
In Vino Veritas: Does The Twenty-First Amendment Really Protect A State's Right To Regulate Alcohol? An Overview Of The North Carolina Wine Industry And The Continuing Wine Distribution Litigation, Christian Hart Staples
Campbell Law Review
The purpose of this Comment is to examine some important legal issues affecting the state's winemaking industry. In particular, this Comment will address the continuing litigation that the direct shipment of wine to consumers has spawned throughout the country, and the effect of the Twenty-first Amendment on states' rights to control their own alcohol regulatory schemes. The author also hopes that this Comment will spark more interest in North Carolina wine.
"Necessity Hath No Law": Executive Power And The Posse Comitatus Act, Candidus Dougherty
"Necessity Hath No Law": Executive Power And The Posse Comitatus Act, Candidus Dougherty
Campbell Law Review
In Part I, I catalog the historical context in which the PCA was passed and describe the military events that are most commonly used to support the case for sharply divided civilian and military authorities. In Part II, I discuss the true purpose and intent of the PCA: to prohibit civilian marshals from calling forth active duty military to enforce domestic law. I also explore the contours of the emergency power doctrine to show that it is not clear that Congress could limit Executive action as a revamped PCA may attempt to do. Lastly, in Part III, I examine whether …
Reflections On Domestic Work And The Feminization Of Migration, Glenda Labadie-Jackson
Reflections On Domestic Work And The Feminization Of Migration, Glenda Labadie-Jackson
Campbell Law Review
This Article brings forth some general reflections on domestic work and the feminization of migration, with particular emphasis on the complex interrelation of immigration status, gender, class, and race that takes place in this context. In light of these reflections, the Article concludes by recommending the promulgation of additional national and international regulatory schemes designed to protect the human rights of domestic workers.
Drafting Common Interest Community Documents: Minimalism In An Era Of Micromanagement, Patrick K. Hetrick
Drafting Common Interest Community Documents: Minimalism In An Era Of Micromanagement, Patrick K. Hetrick
Campbell Law Review
Part I of this Article suggests a minimalist approach to the drafting of documentation creating a common interest community. It assumes that the common interest community will be located in a jurisdiction that has passed some form of a comprehensive uniform act. Part II then analyzes the issue of "promises" (covenants, restrictions, and rules) and addresses issues that include the unfortunate contemporary trend toward micromanagement of communities. It goes on to suggest that a legislative and judicial reaction to private community governance is developing. Part III of this Article explains why existing consumer protection devices are little more than mirages …
Foreign Law Between Domestic Commercial Parties: A Party Autonomy Approach With Particular Emphasis On North Carolina Law, Steven N. Baker
Foreign Law Between Domestic Commercial Parties: A Party Autonomy Approach With Particular Emphasis On North Carolina Law, Steven N. Baker
Campbell Law Review
No abstract provided.
Orders From On High: The Current Struggle Over Medicaid Third Party Recovery Between North Carolina And The Supreme Court Of The United States, Allen N. Trask Iii
Orders From On High: The Current Struggle Over Medicaid Third Party Recovery Between North Carolina And The Supreme Court Of The United States, Allen N. Trask Iii
Campbell Law Review
This Comment will first present a brief legal background of the Medicaid program, and specifically its presence in North Carolina. It will then explore the federal statutes which broadly govern Medicaid recovery from third parties, as well the North Carolina Medicaid statutes which specifically govern this area of recovery. It will explore the two decisions, Ezell and Ahlborn, which have clouded this area in North Carolina. Following that explanation, the aforementioned hypothetical will be revisited and taken through both the North Carolina and United States Supreme Court's analytical models. Finally, suggestions for both statutory and judicial resolutions of this issue …
The Road Not Often Taken: Alternative Dispute Resolution For Common Interest Communities In North Carolina, Amy Beasley
The Road Not Often Taken: Alternative Dispute Resolution For Common Interest Communities In North Carolina, Amy Beasley
Campbell Law Review
This Comment will seek to identify the need for an effective alternative to litigation to resolve disputes originating in the context of a common interest community, specifically under the Planned Community Act of North Carolina.
Growing Pains: Changes In Collaborative Law And The Challenge Of Legal Ethics, Christopher M. Fairman
Growing Pains: Changes In Collaborative Law And The Challenge Of Legal Ethics, Christopher M. Fairman
Campbell Law Review
No abstract provided.
Who's Afraid Of The Cisg? Why North Carolina Practitioners Should Learn A Thing Or Two About The 1980 United Nations Convention On The Contracts For The International Sale Of Goods, Alicia Jurney Whitlock, Boris S. Abbey
Who's Afraid Of The Cisg? Why North Carolina Practitioners Should Learn A Thing Or Two About The 1980 United Nations Convention On The Contracts For The International Sale Of Goods, Alicia Jurney Whitlock, Boris S. Abbey
Campbell Law Review
Part I of this article will discuss the history and purpose of the CISG. Part II will consider the applicability of the CISG to international commercial contracts where one contracting party is from the United States. Part III will discuss some notable differences between the CISG and North Carolina law. Finally, Part IV will consider situations in which the CISG may better serve the interests of parties to a contract for the international sale of goods than the U.C.C. or North Carolina common law.
Family Law Arbitration: Third Party Alternative Dispute Resolution, Lynn P. Burleson
Family Law Arbitration: Third Party Alternative Dispute Resolution, Lynn P. Burleson
Campbell Law Review
No abstract provided.
Interim Relief And International Commercial Arbitration In North Carolina: Where We Are And Where We Should Be Looking, R. Jeremy Sugg
Interim Relief And International Commercial Arbitration In North Carolina: Where We Are And Where We Should Be Looking, R. Jeremy Sugg
Campbell Law Review
This Comment argues that North Carolina should reexamine the interim relief provisions under the ICACA in order to reduce reliance on court assistance during the arbitral process, thereby identifying itself as a forum for international commercial arbitration that is increasingly receptive to the needs of the parties involved. Part I will generally describe when the ICACA applies in light of the Federal Arbitration Act (FAA). Part II will further discuss why, in light of this relationship between federal and state arbitration law, North Carolina should reexamine the interim relief provisions under the ICACA. Part III will highlight four issues concerning …
Working Around The Withdrawal Agreement: Statutory Evidentiary Safeguards Negate The Need For A Withdrawal Agreement In Collaborative Law Proceedings, Jennifer M. Kuhn
Working Around The Withdrawal Agreement: Statutory Evidentiary Safeguards Negate The Need For A Withdrawal Agreement In Collaborative Law Proceedings, Jennifer M. Kuhn
Campbell Law Review
This Comment will proceed by: (I) comparing state collaborative law statutes; (II) evaluating the current ethical climate surrounding withdrawal agreements in collaborative law; (III) considering the purpose of the withdrawal agreement and how evidentiary safeguards can provide the same incentives; and finally, concluding that statutory evidentiary safeguards eliminate the need for a mandatory withdrawal agreement in the collaborative law setting.
"It's Not World Peace, But ..." Restorative Justice: Analysis Of Recidivism Rates In Campbell Law School's Juvenile Justice Project, Jennifer L. Kerrigan
"It's Not World Peace, But ..." Restorative Justice: Analysis Of Recidivism Rates In Campbell Law School's Juvenile Justice Project, Jennifer L. Kerrigan
Campbell Law Review
This Comment explores victim-offender mediation and specifically the recidivism rates of the juveniles who participated in Campbell's Juvenile Justice Project (JJP). Part II gives a brief background on the different theories of justice and the move towards restorative justice. Part III explains how the JJP came to be and how it currently functions. Part IV outlines the methods used to determine the recidivism rates of the program. Part V displays the results of the study and illustrates the differences with charts. Part VI discusses the possible explanations for the differences in the recidivism rates. Part VII concludes with closing remarks …