Publisher: (Total: 0 journals)

The Journal TOCs for this publisher/subject is currently unavailable. Please visit later.
Similar Journals
Journal Cover
Campbell Law Review
Number of Followers: 3  

  This is an Open Access Journal Open Access journal
ISSN (Print) 0198-8174
This journal is no longer being updated because:
    RSS feed has been removed by publisher
  • A Victim's Right to Confer Under the Crime Victim's Rights Act

    • Authors: Lauren K. Cook
      Abstract: The federal Crime Victims’ Rights Act (CVRA) grants a victim the right to confer with the United States attorney serving on his or her case. However, in practice, the attorney’s criminal charging decisions can impede the victim’s access to this right. This Comment analyzes a crime victim’s right to confer in light of the recent In re Wild case, in which a survivor of Jeffery Epstein’s alleged sex-trafficking crimes was effectively denied the right to confer with the government attorney on her case because criminal charges were never filed. This Comment advocates for an interpretation of the CVRA that allows a victim to confer with the attorney irrespective of the filing of criminal charges, in accordance with In re Wild’s dissenting opinion.
      PubDate: Wed, 07 Apr 2021 13:36:08 PDT
       
  • The Gig Is Up: California's Crackdown on the Gig Economy

    • Authors: Savannah M. Singletary
      Abstract: The typical nine-to-five job, exemplified by traditional office spaces, steady incomes, and comfortable retirements, is fundamentally shifting. Technological innovation, necessity, and the human yearning for autonomy has forged a new economic reality: the gig economy. Theoretically, the gig economy facilitates individuals’ abilities to make money and preserve personal freedom while permitting companies to categorize workers as independent contractors, not employees. The ride-hailing companies Uber and Lyft notably utilize this model in treating their drivers as independent contractors. But this choice has sparked outrage, legislation, and lawsuits by advocates arguing that such drivers are not independent contractors but employees under the law. The controversy unearths the tension between preserving traditional employee classifications versus adapting to the economic reality of work in the modern era.This Comment explores the gig economy’s rise in California, focusing on the spate of litigation disputing whether app-based Uber and Lyft drivers are employees or independent contractors. The ongoing conflict demonstrates how the gig economy upsets traditional notions undergirding employer–employee relationships and seemingly settled agency law paradigms. Using California as a bellwether, this Comment assesses the gig economy’s impact not only on workers and companies, but also on deeply-seated presumptions of what earning a living looks like in America.
      PubDate: Wed, 07 Apr 2021 13:02:42 PDT
       
  • It Was Here a Second Ago: North Carolina Discovery andEphemeral Messaging
           Apps

    • Authors: Joshua Walthall
      Abstract: Ephemeral messaging apps allow users to send and receive text messages that disappear after being read. How might such technology impact the practice of law, especially as it concerns discovery' This Article defines ephemeral messaging apps, reviews recent discovery litigation in North Carolina for possible points of application with ephemeral messaging apps, and analyzes the North Carolina Rules of Civil Procedure and the North Carolina Rules of Professional Conduct in light of ephemeral messaging apps. This Article also examines how other, out-of-state courts have dealt with ephemeral messaging apps in the context of discovery and makes some practical suggestions on what North Carolina courts might or should do when faced with ephemeral messaging apps and their use by attorneys or litigants in North Carolina.
      PubDate: Wed, 07 Apr 2021 10:52:46 PDT
       
  • In Defense of Occupational Licensing: A Legal Practitioner's
           Perspective

    • Authors: Jeffrey P. Gray
      Abstract: In recent years, occupational licensing boards have come under fire from critics across the nation. Much of the recent critique of occupational licensing boards has centered on the breadth of power these boards hold and the supposed lack of state supervision over them. And yet, occupational licensing boards in North Carolina are subject to significant state supervision. This Article seeks to rebut arguments of no state supervision over occupational licensing boards. This Article’s primary goal is to provide a cogent defense of occupational licensing boards in an effort to show their validity and legitimacy.
      PubDate: Wed, 07 Apr 2021 09:47:33 PDT
       
  • How Qualified is Qualified Immunity: Adding a Third Prong to the Qualified
           Immunity Analysis

    • Authors: E. Lee Whitwell
      Abstract: This Article addresses the controversial “third prong” that some courts add to the qualified immunity analysis in 42 U.S.C. § 1983 cases. Under the doctrine of qualified immunity, public officials are immune from liability for civil rights violations so long as they do not violate clearly established law. Courts have generally analyzed this qualified immunity defense via a two-prong test—asking whether the official (1) violated the plaintiff’s constitutional right, and (2) if so, asking whether that right was “clearly established” at the time of the violation. However, certain circuits add a third prong to the test, asking whether the official’s actions were objectively reasonable in light of the clearly established law. Applying this prong creates an additional barrier to plaintiffs in suits against government officials in their individual capacities. Courts are not in agreement about the propriety of the third prong, and in at least one circuit various panels of the court are not even in agreement about its use. This Article addresses how the prong can change the outcome in qualified immunity cases and argues that its use is permitted and, in many cases, serves to better achieve the goals of the qualified immunity doctrine.
      PubDate: Wed, 07 Apr 2021 09:25:06 PDT
       
  • Opportunity in a Pandemic: Ending the Eviction Cycle by Constitutionally
           

    • Authors: Rebecca K. Skahen
      Abstract: Evictions invite instability into every aspect of daily life. Children are uprooted from schools because their parents are no longer able to rent a home in the school district. Parents are fired from jobs because they take days off to find patchwork solutions to avoid homelessness. COVID-19 forced the public to become aware of many social issues, including the harsh reality of evictions. With the end of the pandemic is in sight, the impact of evictions cannot be forgotten. Action must be taken to ensure stable housing for generations to come. Broadening a state’s general zoning power to explicitly include affordable housing is the proper solution. This Comment explores the legal history of inclusionary zoning and provides model language to local governments for the constitutional implementation of such policies that ensure private developers receive a reciprocal benefit for their role in providing affordable housing. Constitutionally providing for inclusionary zoning is an important step towards ending the eviction cycle in many states, especially in North Carolina.
      PubDate: Wed, 07 Apr 2021 08:49:53 PDT
       
  • COVID-19, Health Justice, and the Privilege of Space: A New Critical
           Intersectional Framework for Creating a Prescription for Equal Well-Being
           and Applied to Addressing Health of Children Residing in Psychiatric
           Institutions

    • Authors: Joonu-Noel Andrews Coste
      Abstract: Our nation - founded on life, liberty, and the pursuit of happiness - is a year into the COVID-19 pandemic. The pandemic has revealed the gap between what we are as a society and that which we long to be. A new critical intersectional legal framework, guided by Dr. Martin Luther King Jr.’s vision of The Beloved Community, will allow legal scholars and policymakers to reframe health equality and health justice toward a more perfect union. By combining the philosophical rigor of dialectical thinking, critical theory, and intersectional analysis, analysts can meet this moment and create new legal frameworks to correct social injustice. Analysts can build a just society based on equality to address the disproportionate sickness, disability, and death of America’s historically oppressed peoples. With the goal of addressing oppression across multiple axes of identity at once, and in the spirit of Dr. King’s appropriation of eclectic theologies and philosophies, this Article proposes a new Critical Intersectional Legal Analysis that develops critical social theory by bringing an intersectional analysis to the principles of dialectical thought and indeterminacy. This Article’s framework will analyze power structures as they exist and work together through the power of the state to class, race, and disable people moment to moment. Finally, this Article’s framework is reconstructive through self-reflexive application of theory through praxis. This Article will apply that new framework to a specific condition of oppression - the privilege of space as it relates to the risks of viral transmission, infection, and disease during the current coronavirus pandemic for children in psychiatric institutional settings in North Carolina and the Southeast.
      PubDate: Wed, 07 Apr 2021 08:07:48 PDT
       
  • Fraud in the Pandemic: How COVID-19 Affects Qui Tam
           Whistleblowers and The False Claims Act

    • Authors: Gavin A. Bell et al.
      PubDate: Wed, 07 Apr 2021 08:07:45 PDT
       
  • Can You Hear Me': How Implicit Bias Creates a Disparate Impact in
           Maternal Healthcare for Black Women

    • Authors: Kenya Glover
      Abstract: Black women die from childbirth at a disproportionately higher rate than white women. Despite knowing about this issue for years, medical professionals cannot attribute this disparity to a physical condition. Multiple studies show physicians’ implicit biases lead to poor patient care. Overall, Black women consistently report feeling silenced by their treating physicians—a feeling that has persisted since slavery. Stereotypes about Black women cloud physicians’ ability to provide adequate care. For those with Medicaid, the problems are even greater. Unfortunately for Black women and their families, creating a successful medical malpractice or wrongful death claim is nearly impossible. This is because Black women cannot overcome the reasonable person standard set by the medical profession. Thus, to ensure Black women are afforded the same right as other women—a healthy birthing experience—another remedy is necessary. This Comment explores those potential remedies.
      PubDate: Tue, 09 Mar 2021 12:53:48 PST
       
  • Walking the Tightrope: Reflections of a Black Female Law Professor

    • Authors: Njeri Mathis Rutledge
      PubDate: Tue, 09 Mar 2021 12:53:43 PST
       
  • Time to Reconcile

    • Authors: Marcus Gadson
      PubDate: Tue, 09 Mar 2021 12:06:12 PST
       
  • Driven to Despair: Confronting Racial Inequity in North Carolina's
           License Suspension Practices

    • Authors: Jennifer M. Lechner et al.
      Abstract: Hundreds of thousands of North Carolina drivers have a suspended license for unpaid traffic court fines and fees. The practice of suspending drivers’ licenses for unpaid fines and fees is inequitable and counterproductive. This practice disenfranchises rural drivers and those facing poverty and creates a significant obstacle to employment. Furthermore, African-American drivers are four times as likely as non-Hispanic, white drivers to have a suspended license for unpaid fines and fees. Drawing upon lessons learned from the Driver’s License Restoration Project, the
      Authors conclude that legislative action is needed to remedy this inequitable and inefficient system of collecting state revenue. North Carolina should cease the practice of suspending licenses for unpaid fines and fees, pursue a decrease in criminal court fees and fines overall, and implement a sliding scale structure for fees and fines that makes a fact-specific determination about an individual’s real wages and ability to pay. This recommendation would lead to greater racial and economic equity, strengthen the North Carolina economy, and increase the aggregate amount of fees and fines collected by the state. This Article is a continuation of a prior published work, The Poverty Penalty: Driver’s License Restoration In North Carolina.
      PubDate: Tue, 09 Mar 2021 11:10:18 PST
       
  • Voices for Justice

    • Authors: The Honorable Anita S. Earls
      PubDate: Tue, 09 Mar 2021 11:10:12 PST
       
  • "Newtrality": A Contemporary Alternative to Race-Neutral
           Pedagogy

    • Authors: Ada K. Wilson; Esq. et al.
      Abstract: This Article presents the findings of an interdisciplinary search for an alternative to race-neutral pedagogy. Ultimately, “Motivated Awareness” and “Inclusive Integrity” can build capacity for advancements in human understanding of the social sciences and inspire reconsideration of race-neutral standards which impede meaningful judicial review. Using Washington v. Davis as a timestamp, this Article outlines the pervasive nature of sanctioned systemic racism at the hands of the discriminatory intent doctrine and articulates a tangible strategy for examining an interdisciplinary system of equity through “Motivated Awareness” and “Inclusive Integrity.”
      PubDate: Thu, 25 Feb 2021 16:04:25 PST
       
  • Protecting the Home: Castle Doctrine in North Carolina

    • Authors: Lawrence D. Graham Jr.
      Abstract: The idea that a person’s home is her castle dates back to at least the seventeenth century in England. This idea can be seen today in a plethora of places throughout American Law, including Fourth Amendment jurisprudence. Part of North Carolina’s self-defense law has been deemed a “castle doctrine,” yet courts have applied its protections inconsistently at best. As it now stands, the North Carolina castle doctrine does not truly afford a homeowner the ability to defend her home from an unlawful intruder. A potential criminal prosecution is the last thing that a homeowner should have to worry about when defending her home from an invasion. This Comment explores the history of the castle doctrine in general, in North Carolina, and in Florida, and offers solutions in the form of amendments to North Carolina General Statutes sections 14-51.2 and 14-51.3.
      PubDate: Fri, 29 Jan 2021 08:05:31 PST
       
  • Lochner as Literature: Weighing the Paternalism of Progressivism

    • Authors: Jane Francis Nowell
      Abstract: In order to add a depth of understanding to the Lochner v. New York debate interpretation, this Comment utilizes an interdisciplinary approach by blending literary critique, legal analysis, and historical context to revisit Justice Peckham’s opinion. The context of the Progressive Era and the application of the law as literature movement framework reveal a critical subtext of the opinion, one which relies heavily on Paternalistic aspirations to assimilate immigrants. This Comment offers a unique perspective on Lochner v. New York while simultaneously providing a framework for future opinion analyses to aid attorneys best harness the power of metaphor in appellate argument.
      PubDate: Fri, 29 Jan 2021 08:05:25 PST
       
  • A Call to Action: Fighting Racial Inequality Behind the Bench

    • Authors: The Honorable Ashleigh Parker Dunston
      PubDate: Fri, 29 Jan 2021 08:05:20 PST
       
  • Fences and Gates: A Survey of Collaborative Aspects of District Court
           Practice in Light of Self-Represented Litigants, Addiction, and the
           Mandate to Formulate Plans

    • Authors: The Honorable J. Hoyte Stultz III
      Abstract: The district courts of North Carolina are called to handle a multitude of legal issues, many of which are vital, personal issues facing individuals in our society. Court dockets swell with cases for resolution, due in part to substance use disorder, addiction, and legal issues that frequently arise as a result of them. The court must adjudicate in the midst of these complex challenges experienced by the litigants. These litigants are also increasingly appearing before the court without legal counsel. In Reinventing the Courts: The Frontiers of Judicial Activism in the State Courts, criticism is leveled at courts that attempt to solve these problems. Under legislative direction and ethical duty, a North Carolina district court judge may utilize collaborative and problem-solving methods to bring cases to a resolution. These methods, despite the criticism of Frontiers, are not far beyond the historically contemplated purposes of courts and are well within long-standing structural safeguards, statutory requirements and ethical obligations. In many instances, the court is called to resolve these issues and formulate plans for resolution of these cases by the North Carolina General Assembly. The challenges that present in court everyday often need these approved, prescribed problem solving approaches to answer the needs of the litigants.
      PubDate: Fri, 29 Jan 2021 08:05:14 PST
       
  • The Cherokee Tribal Court: Its Origins and Its Place in the American
           Judicial System

    • Authors: The Honorable Bradley Letts
      PubDate: Fri, 29 Jan 2021 08:05:08 PST
       
 
JournalTOCs
School of Mathematical and Computer Sciences
Heriot-Watt University
Edinburgh, EH14 4AS, UK
Email: journaltocs@hw.ac.uk
Tel: +00 44 (0)131 4513762
 


Your IP address: 34.231.244.12
 
Home (Search)
API
About JournalTOCs
News (blog, publications)
JournalTOCs on Twitter   JournalTOCs on Facebook

JournalTOCs © 2009-