Articles by Paul Yokabitus, Former Associate Editor

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About Paul Yokabitus, Former Associate Editor (6 Articles)
Paul graduated from Campbell Law School in 2013. Paul previously worked as a criminal defense and family law paralegal, a Summer Intern at the Wayne County District Attorney’s Office in Goldsboro, NC, Pharmaceutical Compliance Intern with Compliance Implementation Services in Morrisville, NC, Research Assistant to Prof. Matthew Sawchak at Campbell Law School, and Summer Associate at Smith Debnam Narron Drake Saintsing & Myers, LLP. Paul was also a Symposium Editor for the Campbell Law Review.
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Texas Supreme Court to Decide ‘Sentimental Damages for Dogs’ Case

January 10, 2013

Earlier this month, the Supreme Court of Texas heard oral arguments in Strickland v. Medlen, a case that may redefine how damages are calculated when personal property damage or destruction is at issue. In June of 2009, Kathryn and Jeremy Medlen’s dog, Avery, escaped from their backyard without the Medlens knowing.  Avery was later found and taken to a local animal shelter by animal control.  Jeremy Medlen went to retrieve his dog from the shelter, but did not have the money to pay the [...]

Bowman v. Monsanto Co.: A real-life David v. Goliath with Significant Patent Implications [Updated]

October 9, 2012

Updated May 16, 2013: The Supreme Court unanimously decided in favor of Monsanto in an opinion (pdf) published on May 13, 2013 and authored by Justice Kagan, holding that “[p]atent exhaustion does not permit a farmer to reproduce patented seeds through planting and harvesting without the patent holder’s permission.” The Supreme Court of the United States granted Vernon Hugh Bowman’s Petition for Writ of Certiorari on October 5 to decide whether the Federal Circuit erred by: [...]

LegalZoom v. NC State Bar to proceed to trial

September 6, 2012

Judge James L. Gale, Special Superior Court Judge for Complex Business Cases in Greensboro, North Carolina, denied in part and deferred in part the North Carolina State Bar’s Motion to Dismiss a case brought by LegalZoom in response to the Bar’s ongoing efforts to prevent LegalZoom’s operations without a license to practice law in North Carolina.  In order to understand the significance of this ruling, a brief discussion of the case’s background is appropriate. LegalZoom is a [...]

Actionably Indecent: Is the FCC Still Needed in Modern America?

July 20, 2012

In June, the Supreme Court decided a First Amendment case without touching the First Amendment. In fact, they decided the case largely on issues that were merely grazed over during oral argument and in the submitted briefs (where have we heard that before?) – due process and fair notice.  Justice Anthony Kennedy, writing for the seven-justice majority, stated, “[a] fundamental principle in our legal system is that laws which regulate persons or entities must give fair notice of conduct [...]

Smile, Officer! You’re on Camera!

June 20, 2012

iPhones, Androids, Blackberries, and digital cameras – what do they have in common?  They all have the potential to turn a routine traffic stop into the next big news story.  But do ordinary citizens have the right to record police officers during routine stops and other citizen-officer interactions?  According to the U.S. Department of Justice, and several Circuit Courts – Yes! Jonathon Smith, the Chief of the Special Litigation Section of the Justice Department’s Civil Rights [...]

NY Court: “Watching Child Porn Online OK”…. Really?

May 23, 2012

According to a recent New York Court of Appeals decision, merely viewing child pornographic material online, without creating or downloading it, is not sufficient to constitute procurement or possession of child pornography for the purposes of New York Penal Law. The purposeful viewing of child pornography on the internet is now legal in New York,” Judge Victoria A. Graffeo wrote in one of two concurring decisions for the court earlier this month.  James Kent, a Marist College professor of [...]