| |
|
| |
|
| |
| |
|
| |
|
| |
For issue orders or article inquiries click here. . |
| |
Voting Rights Rollback: The Effect Of Buckhannon On The Private Enforcement of Voting Rights
Brian J. Sutherland |
|
|
| |
Synopsis |
|
|
| Volume |
30-2 |
This
article contextualizes the crisis created by Buckhannon with reference
to voting rights specifically. Part II briefly summarizes the
background on attorney’s fees and the sea of change that
Buckhannon brought about. Part III then builds on the other
valuable commentary to explain how voting rights cases, like other
kinds of public interest litigation are by their nature uniquely
susceptible to Buckhannon. Next, Part IV illustrates these
features by reference to some of the extant case law in order to
concretely identify the obstacles to voting rights enforcement created
by Buckhannon. Finally, Part V offers additional remarks on how
Buckhannon poses a threat to voting rights and urges a congressional
solution in order to avoid evisceration of fundamental protections of
the Voting Rights Act and other civil rights laws. |
|
|
| Year |
2008 |
|
|
| Citation |
30 N.C. Cent. L. Rev. 267 |
|
|
| # Pages |
23 |
|
|
| Start Page |
267 |
|
|
| |
|
|
|
| |
|
|
|
|
|
|
|
The Early Roberts Court Attacks Congress's Power To Protect Civil Rights
Rochelle Bobroff |
|
|
|
|
Synopsis |
|
|
| Volume |
30-2 |
While
the decisions of the early Roberts Court are couched in legalistic,
technical language, the impact of these cases are simple: The Court has
threatened the power of Congress to protect civil rights. The
conservative bloc has rejected legislative intent, in some cases
explicitly choosing not to follow clear expressions of congressional
will and in other cases totally ignoring the question of congressional
will and in other cases totally ignoring the question of congressional
intent. Laws that overrule the decisions of the Rehnquist Court
have been narrowly construed by the majority, and numerous precedents
that uphold civil rights have been limited to their facts or rejected
outright. The early Roberts Court has abdicated its role to
ensure that administrative interpretations of statutes comport with
congressional intent, deferring heavily to executive branch litigation
positions that contradict statutory goals. The Court has
belittled the expertise of judges and juries to decide complex issues
of law and fact, and a majority has explicitly overruled cases that
support the equitable power of the judiciary. The conservative
Justices have signaled that they will continue the Rehnquist
Court’s refusal to permit Congress to hold states accountable for
violating civil rights. Usurping the Constitutional power of
Congress, the early Roberts Court has pursued a political agenda of
eradicating the protections of individual rights in civil rights
statutes. |
|
|
| Year |
2008 |
|
|
| Citation |
30 N.C. Cent. L. Rev. 231 |
|
|
| # Pages |
36 |
|
|
| Start Page |
231 |
|
|
| |
|
|
|
| |
|
|
Why We Can't Wait: Reversing The Retreat on Civil Rights: An Introduction to the Civil Rights Section
Joshua Cristobal Alex, Carey Alexander, Tanene Allison, Genevieve Gazon, Marianne Engleman Lado |
|
|
| |
Synopsis |
|
|
| Volume |
30-2 |
In the
first article, Brian Sutherland examines the United States Supreme
Court’s decision in Buckhannon Board & Care Home, Inc. v.
W.V. Dep’t Health & Human Res., a fairly technical decision
that restricted the award of statutory attorney’s fees, and
focuses on the very practical barriers it creates to the enforcement of
voting rights. In the second article, Rochelle Bobroff reviews the
rollback of civil rights during the years of the Rehnquist Court and
then outlines how the first two terms of the Roberts Court provide
ample reason for concern that remaining civil rights protections are at
even greater risk. Although the decisions of the early Roberts
Court have been couched in legalistic, technical language, rather than
broad sweeping pronouncements, the import of these opinions is
clear: The Court is posed to restrict the power of Congress to
protect civil rights. |
|
|
| Year |
2008 |
|
|
| Citation |
30 N.C. Cent. L. Rev. 224 |
|
|
| # Pages |
7 |
|
|
| Start Page |
224 |
|
|
| |
|
|
|
|
|
|
| |
|
|
Environmental Justice for All? The Navy's Recent Failure to Protect North Carolina's Citizens
William Eubanks II |
|
|
|
|
Synopsis |
|
|
| Volume |
30-2 |
This
article will first focus on the Navy’s OLF by providing relevant
background information and by analyzing the judicial opinion of the
Fourth Circuit Court of Appeals to determine whether the Navy acted
within the bounds of the law. Next, this article will examine the
subjective intent of the Navy in reaching its decision in the OLF
selection process and will highlight the Navy’s failure to fairly
conduct the process, which creates a serious environment justice
concern. The article will then discuss background information on
the USWTR and will review the Navy’s failures to date in the
USWTR project. Finally, the article will conclude by emphasizing
the lessons of the OLF process in order to protect North
Carolina’s citizens from similar abuses by the United States Navy
in the USWTR project and in future projects may be undertaken.
|
|
|
| Year |
2008 |
|
|
| Citation |
30 N.C. Cent. L. Rev. 206 |
|
|
| # Pages |
18
|
|
|
| Start Page |
206 |
|
|
| |
|
|
|
| |
|
|
Allowing For Greater
Leniency in the Appellate Process: How State v. Hart Both Clarified and
Expanded Rule 2 of the North Carolina Rules of Appellate Procedure
Following The Supreme Court’s Decision in Viar v. North Carolina
Department of Transportation
Robert Jordan McCarter |
|
|
| |
Synopsis |
|
|
| Volume |
30-2 |
This
note will initially focus on Justice Hudson’s opinion in Hart
along with an analysis of that opinion so that future cases may be
decided in the same manner. Furthermore, the note will examine
the background surrounding Rule 2 with a special emphasis on its
application prior to and then after the Viar holding. It is necessary
to understand the prior case law on this matter when reviewing Hart, so
the proverbial dots may be connected. In conclusion, the note
will consider the possible ramifications of using the Hart analysis in
the future, along with suggestions for improvement in the area. |
|
|
| Year |
2008 |
|
|
| Citation |
30 N.C. Cent. L. Rev. 189 |
|
|
| # Pages |
17 |
|
|
| Start Page |
189 |
|
|
| |
|
|
|
|
|
|
| |
|
|
The
Paving Principle of Good Intentions? Calls for Reform of The Indian
Gaming Regulatory Act and The Private Game Theory Equilibrium Opposing
Them
John C. Kuzenski |
|
|
|
|
Synopsis |
|
|
| Volume |
30-2 |
In
this essay, I seek to review some of the more interesting works in the
area from recent years, the relevant provisions of IGRA, and some of
the paramount cases that have shaped the contemporary Indian gaming
debate. After reviewing these materials, I suggest that they miss
the more practical mark of finding an empirically (and legally)
satisfying basis from which the two principals in the current debate,
Indian tribes and the states can work cooperatively to maximize their
own interest. Ironically, this basis is not grounded in dramatic
reformation of the IGRA. It is instead grounded borrowing a few
basic principles form classic game theory in the idea that IGRA remains
an appropriate and workable legislative response to the tribal-state
conflict over the utility of Indian gaming operations. Courts may be
required to continue to proved minor and incremental clarifications to
keep the balance between the major players, but the legislation has
otherwise “shaken itself out” into pragmatic framework for
the future. In short, there have been far too many calls in the
recent literature with specifics for how we should change IGRA.
My argument is that the more compelling issue, which has not yet been
adequately addressed, is why we should change it at all.
|
|
|
| Year |
2008 |
|
|
| Citation |
30 N.C. Cent. L. Rev. 168
|
|
|
| # Pages |
21
|
|
|
| Start Page |
168 |
|
|
| |
|
|
|
| |
|
|
Memo To Lawyers: How Not To "Retire And Teach"
Jeffrey M. Lipshaw |
|
|
| |
Synopsis |
|
|
| Volume |
30-2 |
This
note will initially focus on Justice Hudson’s opinion in Hart
along with an analysis of that opinion so that future cases may be
decided in the same manner. Furthermore, the note will examine
the background surrounding Rule 2 with a special emphasis on its
application prior to and then after the Viar holding. It is necessary
to understand the prior case law on this matter when reviewing Hart, so
the proverbial dots may be connected. In conclusion, the note
will consider the possible ramifications of using the Hart analysis in
the future, along with suggestions for improvement in the area. |
|
|
| Year |
2008 |
|
|
| Citation |
30 N.C. Cent. L. Rev. 151 |
|
|
| # Pages |
17 |
|
|
| Start Page |
151 |
|
|
| |
|
|
|
| |
|
|
|
|
|
|
|
Strategies For Dealing With Self-Represented Litigants
Jona Goldschmidt |
|
|
|
|
Synopsis |
|
|
| Volume |
30-2 |
The
numbers of self-represented litigants (SRLs) has been rising steadily
since the late 1990s, both in the U.S. and in the Commonwealth
countries. Although courts have implemented policies, programs,
and organizational changes to handle the growing number of SRLs, little
guidance has been given to attorneys to prepare them for their
inevitable interaction with this new kind of adversary. Part I
discusses ethical issues such as communication with the SRLs,
ghostwriting of pleadings and other court papers for SRLs, and judicial
ethics. Part II examines pretrial strategies for dealing with
SRLs. Part III discusses filing motions when faced with a
SRL. Part IV discusses possible procedures for handling
discovery. Part V examines how to use trial strategies without
coming on too strong. Part VI explains bringing rule
noncompliance to the court’s attention. Part VII concludes
the article.
|
|
|
| Year |
2008 |
|
|
| Citation |
30 N.C. Cent. L. Rev. 130
|
|
|
| # Pages |
21
|
|
|
| Start Page |
130 |
|
|
| |
|
|
|
| |
|
|
Ring v. Arizona and Capital Proceedings: Brave New World Or A Reversion To the Old World?
Bruce T. Cunningham, Heather L. Ratelade, Amanda Zimmer |
|
|
| |
Synopsis |
|
|
| Volume |
30-2 |
This
article begins with a summary of the two primary animating principles
of the Court’s capital jurisprudence: the Eighth Amendment
requirements that a jury’s discretion to find a defendant guilty
of a death qualifying crime be guided and the jury be able to consider
characteristics of the defendant before selecting death as the
appropriate punishment. A brief summary of Apprendi
follows. Next, the authors discuss Ring v. Arizona and Sattazahn
v. Pennsylvania. Ring extends the Apprendi Rule to capital
litigation and Justice Scalia’s opinion in Sattazahn sets forth
the basic proposition that First Degree Murder is a crime separate from
a lesser than Aggravated First Degree Murder. The article
concludes with the prediction of inevitable revolutionary change in the
trials of capital cases in North Carolina. |
|
|
| Year |
2008 |
|
|
| Citation |
30 N.C. Cent. L. Rev. 107 |
|
|
| # Pages |
23 |
|
|
| Start Page |
107 |
|
|
| |
|
|
|
|
|
|
| |
|
|
Persecution Based on Persecution: How Gao v. Gonzales Broadens The Interpretation of Asylum Law
David Baxter |
|
|
|
|
Synopsis |
|
|
| Volume |
30-1 |
This
note first presents the facts of the case at hand and the judicial
decisions made. The note then examines the state of asylum law as
determined by statute and precedent Finally, the note points out
the differences that exist between the test the court adopted and the
way it was applied.
|
|
|
| Year |
2007 |
|
|
| Citation |
30 N.C. Cent. L. Rev. 97
|
|
|
| # Pages |
9
|
|
|
| Start Page |
97 |
|
|
| |
|
|
|
| |
|
|
| |
|
|
North Carolina v. Bryant: Paving The Way For A Comprehensive National Sex Offender Registry
Karen S. Schuller |
|
|
| |
Synopsis |
|
|
| Volume |
30-1 |
This
article analyzes the issue of state sex offender registires in a
national context, a situtaion rife with disparities and contradictions
prior to them implementation of the Sex Offender Registration and
Notification Act (SORNA) included in the Adam Walsh Chid Protection and
Safety Act of 2006. This article reviews the historical
background of the federal legislation initiating and regulating sex
offender registries along with the specific state statutes at issue in
Bryant. It also reviews the issue of notice required by the federal Due
Process Clause by examining the U.S. Supreme Court's treatment of the
required notice for a convicted felon's specific duty to register as a
felon. Additionally, this article examines how other state courts
have answered the same question presented in the Bryant case. The
article then discusses: (1) the unique facts of the Bryant case,
involving a convicted sex offender moving form one state to another,
and the requirements of giving such an offender notice of the duty to
register as a sex offender in the new state; (2) how the North Carolina
Supreme Court reached its decision; and (3) how the decision may have
been altered by varying circumstances. Finally, this article
examines the newly enacted SORNA and the National Guidelines for Sex
Offender Registration and Notification Proposed by the U.S. Attorney
General for implementation of the aforemention Act. |
|
|
| Year |
2007 |
|
|
| Citation |
30 N.C. Cent. L. Rev. 76 |
|
|
| # Pages |
22 |
|
|
| Start Page |
76 |
|
|
| |
|
|
|
|
|
|
| |
|
|
Embracing
The Living Constitution: Justice Anthony M. Kennedy's Move Away From A
Conservative Methodology of Constitutional Interpretation
Joshua Cristobal Alex, Carey Alexander, Tanene Allison, Genevieve Gazon, Marianne Engleman Lado |
|
|
|
|
Synopsis |
|
|
| Volume |
30-1 |
This
paper argues that it is Kennedy's divergent methodological approach to
constitutional interpretation that separates him from his conservative
colleagues on these key issues. In sharp contradistinction to the
originalism interpretive methodologies of Justice Antonin Scalia,
Kennedy appears to have embraced the concept of a "Living
Constitution". Part I briefly reviews the debate over the notion
of a "Living Constitution," its incompatibility with interpretivist
methodologies, the modern Court's renewed debate over concept, and the
rejection of the living constitutionalism. by Justice Scalia.
Part II examines the contrasting compatibility of this notion with
Justice Kennedy's approach to constitutional interpretation, The
examination of his decision-making, particularly on the Eighth and
Fourteenth Amendment jurisprudence reveals that Kennedy's methodology
has increasingly differed from that of his conservative collegues in
his: (1) refusal to take a narrow and cabined view of text and
tradition; (2) willingness to view history and tradition as
ongoing and evolving; (3) willingenss to address constitutional
rights in question at a high level of generalization; (4) receptivity
toward international trends and opinion; and (5) broad conception of
the judicial role and emphasis on judicial independence. While
Part III considers some of the limitations to proclaiming Kennedy an
adherent, the evolutions in Kennedy's jurisprudence suggest that he is
increasingly receptive to the notion of the "Living Constitution" - an
approach to constitutional interpretation which views the
Constitution's meaning as dynamic and evolving and which rejects strict
adherence to text and historical tradition. This schism between
Kennedy's flexible constitutionalism and his colleague's text-based
originalism will have significant consequences for coalition building
within the Court as the methodological distinctions between Kennedy and
Scalia's interpretive approaches becomes more pronounced.
|
|
|
| Year |
2007 |
|
|
| Citation |
30 N.C. Cent. L. Rev. 25
|
|
|
| # Pages |
50
|
|
|
| Start Page |
25 |
|
|
| |
|
|
|
| |
|
|
Apprendi/Blakely: A Primer For Practitioners
Bruce Cunningham, Heather Ratelade, Amanda Zimmer |
|
|
| |
Synopsis |
|
|
| Volume |
30-1 |
The
purpose of this article is to explore some of these complex
Apprendi/Blakely issues in a manner which is useful for the courtroom
practitioner. The implications of Apprendi/Blakely are largely
uncharted territory and some of the opinions expressed in this article
have not been addressed by any appellate court. In some
instances, there are North Carolina appellate decisions which the
authors contend are inconsistent with the basic premise of the Sixth
Amendment line of cases. The article is intended to broaden the
view of Apprendi/Blakely to include concepts that extend far beyond
sentencing. The article is divided into three parts and is geared
toward the trial, appellate, and post-convictions lawyer. Part I
is devoted to a discussion of the historical context of
Apprendi/Blakely and the basic conceptual underpinnings of the Supreme
Court's Sixth Amendment line of cases. Part II presents of
framework for analyzing Apprendi/Blakely issues arising under
SSA. Part III, appearing in a later volume of the North Carolina
Central Univeristy Law Review, will deal exclusivelyw ith capital
litigation and the Sixth Amendment line. |
|
|
| Year |
2007 |
|
|
| Citation |
30 N.C. Cent. L. Rev. 1 |
|
|
| # Pages |
24 |
|
|
| Start Page |
1 |
|
|
| |
|
|
|
|
|
|
| |
|
|
Barrett v. Rosenthal: Oh, What A Tangled Web We Weave - No Liability For Web Defamation
Ternisha Miles |
|
|
|
|
Synopsis |
|
|
| Volume |
29-2 |
This
note examines Barrett v. Rosenthal and how it is significant in
nationwide courts because it is the first case to state that the
publisher/distributor analysis normally attributable to secondary
publishers does not apply to an Internet user. It also
established for the first time that private individuals can be
protected under the CDA. The Barrett decision has completely
alleviated liability for defamation against Internet users and has left
injured plaintiffs with no means of recovery. |
|
|
| Year |
2007 |
|
|
| Citation |
29 N.C. Cent. L.J. 267
|
|
|
| # Pages |
11
|
|
|
| Start Page |
267 |
|
|
| |
|
|
|
| |
|
|
Buckeye Check Cashing,
Inc. v. Cardegna: The Latest Example Of How The Supreme Court Has
Turned The Federal Arbitration Act Into A State Defying Monstrosity
Brian Groesser |
|
|
| |
Synopsis |
|
|
| Volume |
29-2 |
This
note will first discuss the facts surrounding Buckeye. It will
then explore the history that led to the Buckeye decision. The
history will begin with the establishment of the United States
Arbitration Act (now known as the Federal Arbitration Act) and a
discussion of its purpose and intent. This note will then focus
on the lineage of case law that Buckeye arises from, starting with
Prima Paint. Justices have continuously disagreed on the scope of
the FAA, starting with a lengthy dissent from Justice Black in Prima
Paint. This note will discuss both sides to landmark cases in the
lineage such as Prima Paint and Southland Corp. v. Keating.
Finally, this note will analyze Buckeye in the context of its role in
expanding federal power and how that expansion is inappropriate. |
|
|
| Year |
2007 |
|
|
| Citation |
29 N.C. Cent. L.J. 250 |
|
|
| # Pages |
17 |
|
|
| Start Page |
250 |
|
|
| |
|
|
|
|
|
|
| |
|
|
A
Good Fix But Not The Cure - Fannie Lou Hamer, Rosa Parks, and Coretta
Scott King Voting Rights Act Reauthorization And Amendments Act Of 2006
David H. Harris, Jr. and Trish Hardy |
|
|
|
|
Synopsis |
|
|
| Volume |
29-2 |
After
providing some background information on Section 5 and the
reauthorization process, this article will discuss the problems created
by the Supreme Court decisions in Bossier Parish II and Ashcroft.
Thereafter, this article will discuss the Section 5 clarification
provisions in H.R. 9 intended to eliminate the negative impact of
Bossier Parish II and Ashcroft. Finally, this article will
discuss whether these “clarifications” will hold and how
the reauthorization process and clarification might impact renewed
litigation to invalidate Section 5. This article will not discuss
the improvements in protections for language minorities and federal
observers, which are very significant. |
|
|
| Year |
2007 |
|
|
| Citation |
29 N.C. Cent. L.J. 224
|
|
|
| # Pages |
26
|
|
|
| Start Page |
224 |
|
|
| |
|
|
|
| |
|
|
The Dream Of Greater
Municipal Autonomy: Should The Legislature Or The Courts Modify
Dillon's Rule, A Common Law Restraint On Municipal Powers?
Louis v. Csoka |
|
|
| |
Synopsis |
|
|
| Volume |
29-2 |
The
purpose of this article is to take a critical look at Dillon’s
Rule and to examine the background and implications of the debate on
municipal power. Specifically, this article will examine and
analyze the historical background, legal framework, and policy
rationale for that policy debate and attempt to provide some
recommendations to help address the obstacles and challenges associated
with Dillon’s Rule. In particular, Part II of this article
will briefly review the evolutions of municipal governance from the
days of the Roman Empire to early Colonial America. Part III will
study the circumstances surrounding the birth of Dillon’s Rule in
nineteenth century America. Part IV will analyze the inner
workings of Dillon’s Rule and its most extreme
applications. Part V will provide a case study on the municipal
landscape in Nevada. Part VI will analyze Nevada case law under
Dillon’s Rule. Parts VII and VIII will analyze the national
arguments for and against Dillon’s rule. Part IX will look
at some of the practical effects of Dillon’s Rule and its
competing model of local governance. Lastly, Part X will attempt
to provide a pragmatic synthesis of the various countervailing policy
arguments as a basis for updating current framework in Nevada and
elsewhere. |
|
|
| Year |
2007 |
|
|
| Citation |
29 N.C. Cent. L.J. 194 |
|
|
| # Pages |
30 |
|
|
| Start Page |
194 |
|
|
| |
|
|
|
|
|
|
| |
|
|
Outlawed and Exiled: Zero Tolerance And Second Generation Race Discrimination In Public Schools
Frances P. Solari and Julienne E. M. Balshaw |
|
|
|
|
Synopsis |
|
|
| Volume |
29-2 |
This
article seeks to assist practitioners in identifying claims of
second-generation discrimination against local school systems based on
racially disparate enforcement of zero tolerance policies. It
first sets out potential federal and state constitutional claims based
on violations of equal protection, procedural due process, and
vagueness. It concludes by identifying several defenses school
systems commonly offer to escape accountability for perpetuating second
generation segregation and depriving children of color of their
constitutionally guaranteed equal access to a basic public education. |
|
|
| Year |
2007 |
|
|
| Citation |
29 N.C. Cent. L.J. 147
|
|
|
| # Pages |
47
|
|
|
| Start Page |
147 |
|
|
| |
|
|
|
| |
|
|
Where Sexual Privacy
Meets Public Morality: How Williams v. King Is Instructive For The
Fourth Circuit In Applying Public Morality As A Legitimate State
Interest After Lawrence v. Texas
Douglas E. Nauman |
|
|
| |
Synopsis |
|
|
| Volume |
29-1 |
This
note first analyzes the case of Williams v. Kings (Williams V) and its
predecessors. Second, then note focuses on the historical development
of the constitutional right of privacy, particularly as it relates to
personal sexual conduct. Third, the note examines the holding of
Lawrence v. Texas. Lastly, with that background, this note
analyzes the potential significance of Williams v. King (Williams V)
for courts applying morality as a legitimate state interest after
Lawrence v. Texas. |
|
|
| Year |
2006 |
|
|
| Citation |
29 N.C. Cent. L. Rev. 127 |
|
|
| # Pages |
19 |
|
|
| Start Page |
127 |
|
|
| |
|
|
|
|
|
|
| |
|
|
Oppression Through Violence: The Case of Colombia - An Expansion Of The Fetish Object?
J. Corey Harris |
|
|
|
|
Synopsis |
|
|
| Volume |
29-1 |
This
article will be organized into four parts: Part I discusses the culture
of violence in Colombia. Part II reviews the three major guerilla
factions in Colombia and their organizational goals and
structure. Part III addresses the U.S. and Colombian responses to
the violence. Part IV explains the U.S. military and policy
approach from a Critical Race Theory perspective. |
|
|
| Year |
2006 |
|
|
| Citation |
29 N.C. Cent. L.J. 98 |
|
|
| # Pages |
29
|
|
|
| Start Page |
98 |
|
|
| |
|
|
|
| |
|
|
Bargain Basement Annexation: How much Municipalities Subvert The Intent of North Carolina Annexation Laws
Elizabeth R. Connolly |
|
|
| |
Synopsis |
|
|
| Volume |
29-1 |
This
article will utilize the experiences of the communities in southern
Moore county to highlight the inherent flaws in North Carolina’s
annexation statute. First, this article sets out the history of
North Carolina’s annexation policies and how those policies have
been implemented. Second, this article examines the experiences
of unincorporated communities in southern Moore County that desperately
sought (and were denied) annexation and its corresponding municipal
services. Finally, this article briefly analyzes ways in which
North Carolina’s statutory scheme can be improved to allow for
equitable urban development. |
|
|
| Year |
2006 |
|
|
| Citation |
29 N.C. Cent. L. Rev. 77 |
|
|
| # Pages |
21 |
|
|
| Start Page |
77 |
|
|
| |
|
|
|
|
|
|
| |
|
|
DaimlerChrylser
v. Cuno - Plaintiffs Lack Standing To Challenge State Franchise Tax
Credit In Federal Court, According to the Supreme Court
Sue Ann Mota |
|
|
|
|
Synopsis |
|
|
| Volume |
29-1 |
This
article will examine the issue of standing in federal court by
taxpayers challenging governmental actions. The article will then
address the DaimlerChrylser Corp. v. Cuno case and will conclude with
thoughs on changing or challenging these state tax incentives to
companies. |
|
|
| Year |
2006 |
|
|
| Citation |
29 N.C. Cent. L.J. 66 |
|
|
| # Pages |
11
|
|
|
| Start Page |
66 |
|
|
| |
|
|
|
| |
|
|
Providing Material Support To Violate The Constitution: The USA Patriot Act and Its Assault On the 4th Amendment
Christopher Metzler |
|
|
| |
Synopsis |
|
|
| Volume |
29-1 |
The
first section will be a review of the Fourth Amendment. It will
follow the trajectory of searches and seizures from Seventeenth Century
England to post September 11th Fourth Amendment applications.
This article will then turn to a review of the Patriot Act. It
will first consider the governmental interest in creating the Patriot
Act, as well as previous examples in American history, in which drastic
measures were taken in response to perceived threats. The next
section will discuss the inherent difficulties with some of the
sections of the Patriot Act. Then, a Fourth Amendment analysis
will be applied to the problematic sections of the Patriot Act.
Next, the article will prove predictions as to the long-term effects of
leaving the Patriot Act intact. Finally, suggestions for
correcting the problems created by the Patriot Act are discussed. |
|
|
| Year |
2006 |
|
|
| Citation |
29 N.C. Cent. L. Rev. 35 |
|
|
| # Pages |
31 |
|
|
| Start Page |
35 |
|
|
| |
|
|
|
|
|
|
| |
|
|
Racial Justice and Equity for African-American Males In the American Educational System: A Dream Forever Deferred
Floyd D. Weatherspoon |
|
|
|
|
Synopsis |
|
|
| Volume |
29-1 |
This
article will explore how the failure of Brown to ensure quality and
meaningful education for African-American male students is the major
impetus for racial injustice and inequity that African-American male
students endure. Part II of this article describes the initial
impact that the Brown decision had on ending the segregation of public
schools. Part III reveals how public schools have returned to
segregated insutitutions. Part IV explains how the Brown decision
has failed to ensure equity and quality education for African-American
males. This section will also document the present deteriorating
statutes of African-American males in public schools. Lastly,
Part V, the conclusion, provides a brief discussion on remedies to
enhance the status of African-American males in public educational
systems. |
|
|
| Year |
2006 |
|
|
| Citation |
29 N.C. Cent. L.J. 1 |
|
|
| # Pages |
34
|
|
|
| Start Page |
1 |
|
|
| |
|
|
|
| |
|
|
| |
|
|
Clean Air, Clean
Conscience: Evaluating The Early Action Compact Program Under The
Shadow Of The Clean Air Act In The Five-Year Wake Of Whitman v.
American Trucking Associations, Inc.
Amanda L. Maris |
|
|
| |
Synopsis |
|
|
| Volume |
28-2 |
This
article will be divided into six parts. Part I will offer
background on the national ambient air quality standards (NAAQS)
program under the Clean Air Act as it applies to attainment of the
ozone criteria pollutant and nonattainment status. Part II will
describe the relevant portions of Whitman and the implementation rules
issued by the EPA in April, 2004 and November, 2005. Part III
will explain the EAC program. Part IV will include an application of
both compliance schemes to two nonattainment areas in North
Carolina. Part V, will be the analysis, and Par VI, the
conclusion of the article. |
|
|
| Year |
2006 |
|
|
| Citation |
28 N.C. Cent. L.J. 260 |
|
|
| # Pages |
24 |
|
|
| Start Page |
260 |
|
|
| |
|
|
|
|
|
|
| |
|
|
Nickel
and Dimed: North Carolina Court Blocks Carolina Panthers' Attempt To
Avoid Payment Of Workers' Compensation Benefits To Injured Athletes
Casey N. Harding |
|
|
|
|
Synopsis |
|
|
| Volume |
28-2 |
This
comment examines the reasonableness of the court’s decisions in
three of the four Carolina Panthers workers’ compensation cases
by first taking the reader through a summary of each case. The
comment next focuses on the NFL’s Collective Bargaining
Agreement, the Standard Players’ Contract, and injuries in the
NFL. Next, the comment examines workers’ compensation laws
of other states. Finally, the comment discusses the problems with
awarding workers compensation benefits to professional athletes and
offers solutions for these problems. |
|
|
| Year |
2006 |
|
|
| Citation |
28 N.C. Cent. L.J. 241 |
|
|
| # Pages |
19
|
|
|
| Start Page |
241 |
|
|
| |
|
|
|
| |
|
|
| |
|
|
Another Road To Liability
Is Paived With Good Intentions: Observations On The Supreme Court's
Latest Word On the Disparate Impact Theory Of Discrimination
Matthew J. Gilley and Atwoine L. Edwards |
|
|
| |
Synopsis |
|
|
| Volume |
28-2 |
This
essay will argue that the Supreme Court applied the disparate impact
theory in the ADEA context with less justification than when it applied
it in the Title VII context. Moreover, Smith’s fragmented
holding will confuse rather than resolve prevailing interpretations of
the ADEA, and the availability of disparate impact age claims will have
a definite and uncertain impact on employers and employees during
reductions in force. Overall, Smith highlights several
Justices’ hauntingly naïve interpretation of employment
statutes in a way that is unnecessarily destructive of management
prerogatives and will result in a proliferation of disparate impact
claims in connection with reductions in force. This proliferation
of disparate impact claims will have a chilling effect on management
prerogatives during reductions in force, and will be detrimental to
both management and labor. |
|
|
| Year |
2006 |
|
|
| Citation |
28 N.C. Cent. L.J. 228 |
|
|
| # Pages |
13 |
|
|
| Start Page |
228 |
|
|
| |
|
|
|
|
|
|
| |
|
|
North Carolina's Real Estate Recording Laws: The Ghost of 1885
Charles Szypszak |
|
|
|
|
Synopsis |
|
|
| Volume |
28-2 |
This
article discusses the nature of the race recording statute and the
major conceptual and practical issues that have arisen in its
application. Part II discusses the statute and the extent to
which it truly results in a pure record as originally envisioned.
It also considers how the statute could be amended to reflect the law
as it is actually applied. Part III describes undue risks to
legitimate conveyances posed by requiring strict compliance with
recording rules and examines possible refinements to the laws to
address these risks. Part IV describes abuse of the recording
system and possible legislative responses to the problem. |
|
|
| Year |
2006 |
|
|
| Citation |
28 N.C. Cent. L.J. 199 |
|
|
| # Pages |
29
|
|
|
| Start Page |
199 |
|
|
| |
|
|
|
| |
|
|
Georgia Photo ID Requirement: Proof Positive of The Need To Extend Section 5
David H. Harris, Jr. |
|
|
| |
Synopsis |
|
|
| Volume |
28-2 |
After
giving a brief overview of the procedural history of the Common
Cause/Georgia litigation in Part II, this article will examine several
provisions of the Voting Rights Act (“VRA”) in Part
III. This article will then explore the Georgia statute in Part
IV, analyze the reasoning of the district court injunction in Part V,
and conclude in Part VII with a discussion of the Department of
Justice’s failure to exercise its power under Section 5 of the
Voting Rights Act against obviously discriminatory impediment to voting
and the necessity of continuing and strengthening Section 5 of the
Voting Rights Act to make it unnecessary for litigants to expend
tremendous resources litigating these types of cases. Although
the State of Indiana is the only other state to impose a similar photo
identification requirement for in person voting, this article will not
discuss that law. Nevertheless, it is worth noting that while
Indiana is not covered under Section 5 of the VRA, and the statute is
currently being challenged in litigation, which has been unsuccessful
to date. This article will also not discuss the 2006 Georgia
Photo ID statute, as it would be premature to do so and discussion is
unnecessary to make the basic points throughout this article. |
|
|
| Year |
2006 |
|
|
| Citation |
28 N.C. Cent. L.J. 172 |
|
|
| # Pages |
27 |
|
|
| Start Page |
172 |
|
|
| |
|
|
|
|
|
|
| |
|
|
The Prospect Of Enacting An Unborn Victims of Violence Act In North Carolina
Jennifer A. Brobst |
|
|
|
|
Synopsis |
|
|
| Volume |
28-2 |
This
article discusses how North Carolina is particularly ripe for judicial
and legislative attention to fetal rights in the criminal justice
system. Part II discusses the historical development of fetal
rights, including the national trend to enact fetal homicide laws,
civil suits by and on the behalf of the fetus, child endangerment
actions for risk to the fetus, and the limited scope of fetal rights in
abortion law. Part III discusses justifying abortion in the child
rights era, human population control, the undue burden of an unwanted
pregnancy, and the risk of injury, death, or severe disability.
Part IV examines the considerations for an unborn victims of violence
act in North Carolina. |
|
|
| Year |
2006 |
|
|
| Citation |
28 N.C. Cent. L.J. 127 |
|
|
| # Pages |
45
|
|
|
| Start Page |
127 |
|
|
| |
|
|
|
| |
|
|
|
| |
|
|
|
| |
|
|
