“Safe Until Proven Dangerous”: Reforming the Toxic Substances Control Act
The flaws in the TSCA may finally be remedied through a breakthrough bipartisan bill initiated in the Senate. [...]
Collegiate Athletics: For the love of the game, or the love of money?
On June 20, 2013, a federal court in California will hear arguments to determine whether O’Bannon v. NCAA will be classified as a class-action lawsuit. If the class is certified, major changes could be much more likely to soon be underway for collegiate athletics. [...]
Rules of engagement [rings]
Mario Williams may not be able to force his ex-fiancée to return his engagement ring, depending on the approach employed by the Texas courts. [...]
The James Holmes trial turns its focus to knowing right from wrong
July 20, 2012. Just after midnight. A dark movie theater in Aurora, Colorado. Audience members are seated to watch the highly anticipated Dark Knight Rises, the final film in the acclaimed Batman series. But what begins as a theater buzzing with excitement over the on-screen entertainment quickly turns into a theater filled with cries of terror over the real-life nightmare occurring in the theater. No longer is the audience captivated by Bane, the movie’s villain with his [...]
Drug testing for Welfare recipients: as simple as it sounds?
N.C. Senate Bill 594, which would mandate drug testing for all welfare beneficiaries and require the beneficiary to front the testing costs, is far from a simple “solution” to a quite complex issue. [...]
You have one new Facebook notification: You’ve been served
“You’ve been served” is something no one ever wants to hear, but what if while checking out your new friend requests on Facebook, you were also greeted with a notification of service? While it seems far-fetched, Manhattan federal judge Paul Engelmayer ruled in March that U.S. Government lawyers could serve process on a group of defendants in India via Facebook. The Federal Rules of Civil Procedure require the method of service to be one reasonably calculated to give notice. Rule 4(f) of [...]
Thwarting Equality and Justice for All [Updated]
Updated June 7, 2013: The North Carolina General Assembly House voted on Wednesday, June 5 to repeal the Racial Justice Act on a 77 to 39 vote. The vote was split strictly along party lines, with no Democrats supporting repeal and only one Republican representative opposing repeal. The Senate passed an almost-identical bill in April 2013 but must now approve minor changes made by the House. Republican Governor Pat McCrory is widely expected to sign the bill, as well. Although the [...]
Avoiding the Orwellian Future: Privacy implications of increased public surveillance
Throughout history, pop culture has been a discussion board of sorts for society’s concerns about omnipresent government surveillance. George Orwell’s novel 1984, a classic tale of “Big Brother,” “thought control,” and pervasive government surveillance, is required reading in many high school English courses. More recently, the hit show “Person of Interest” on the CBS network has grappled with these types of concerns. Viewers watch as a vigilante goes about New York City [...]
The week that was: profound implications for Miranda rights [Updated]
Updated June 17, 2013: The Supreme Court, in a plurality opinion (pdf) written by Justice Alito, ruled that the right to remain silent must be expressly invoked in order for that silence to be protected at trial, even if that silence is pre-arrest. We have all heard it before, some of us through personal experience and others through fictional television shows such as Law & Order: “You have the right to remain silent. Anything you say can and will be used against you in a court of [...]
Internet sales tax bill receives bipartisan support
Last week, the Senate voted on the Marketplace Fairness Act of 2013, a bill that would require online and mail-order businesses to comply with the same tax withholding requirements as in-state brick-and-mortar businesses. The bill had strong bipartisan support and was passed by a vote of sixty-nine to twenty-seven in the Senate. However, the bill may face opposition in the Republican-controlled House of Representatives, since some consider the bill a tax increase. Yet, internet and [...]
The Government is here to help you keep your eyes on the road
Ronald Reagan famously decried an over-bearing government, saying that the “nine most terrifying words in the English language are: I’m from the Government, and I’m here to help.” Well, the distracted driving laws enacted by states over the past few years have plainly failed to be as effective as intended, and the federal government is now here to help drivers keep their eyes on the road and hands on the wheel. A number of actions can divert a driver’s attention away from [...]
A Tradition of Service – Judge J. Rich Leonard
Editor’s Note: Judge Leonard has been appointed as the next dean of Campbell’s School of Law, effective July 15, 2013. The Campbell Law Observer and the Campbell Law Review are pleased to honor our new dean, Judge Rich Leonard, with the following article by Chief Judge Doub. None of us were greatly surprised at the opportunity to become Dean of the Campbell Law School recently afforded to Judge J. Rich Leonard. What a great opportunity and what a perfect fit for such a talented [...]
Letter from the Editors
In 1979, the Campbell Law Observer was founded as one of only two legal publications at Campbell Law School, and the legal periodical provided a media platform–albeit entirely in paper format and produced semi-annually–to address emerging issues in law and public policy for the legal discourse community in North Carolina. The Founding Editor Hugh Franklin created a plaque to recognize the service and dedications of successive Editors of the Law Observer. When we assumed the [...]
Prove it! Musings on advocacy, evidence, and the problems of proof at trial: North Carolina’s Police Officer Exception to the Hearsay Rule
As a law professor, I’m always looking for interesting cases from which to create exam questions, both multiple choice and essay. Sometimes the cases are rather straightforward and illustrate the application of a rule of evidence quite well. These usually make great cases for multiple choice questions. Other times they are complicated and nuanced and are much closer calls on the outcome. These make great essay questions. Then there are those that simply get the law wrong. They, [...]
Disclaim and Disclose: Navigating the “Blawgosphere” without Violating the Rules of Ethics
People routinely use the Internet for various functions. Whether personal, professional, or political, web use undoubtedly plays a prominent role in the everyday lives of many Americans. As is often the case, however, with popularity often comes problems. Turn on the news, click on a news website, or tap the news app on your smartphone, and you likely will find a story involving the use – or misuse – of technology and social media. In March of 2011, Virginia attorney Horace Hunter [...]