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    American Animus: Where Trump v. Hawaii Leaves the Animus Doctrine Today

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    Early in his presidency, President Donald Trump took three presidential actions denying individuals from countries with large Muslim populations entry into the United States. On their faces, the actions do not appear to be discriminatory. However, when taking into consideration his personal comments and tweets exhibiting an antagonism towards Muslim individuals, these actions seemed to reveal a policy intending to disparagef oreign nationals on the basis of their religion. In 2018, the Supreme Court held in Trump v. Hawaii that these actions are not displays of animus by the Executive Branch or are unconstitutionally discriminatory. This Comment addresses where the Supreme Court has found animus in the past, and how its decision in Trump v. Hawaii is inconsistent with its precedent in balancing the animus doctrine with executive power

    Campbell Law Brief, Winter/Spring 2020

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    Biographical Sketches and Bibliographies of the First African Americans on the North Carolina Bench

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    In February 2019, Campbell Law School dedicated the First African Americans on the North Carolina Bench Display to its faculty, students, and guests of the law school. Using newspaper clippings, photographs, government documents, and other ephemera, the Display tells the story of the first African Americans appointed or elected to North Carolina state and federal courts in a timeline format. The Display is currently housed on the first floor of the Law School. The Law School has also made portable banners so the copies of the Display can travel throughout the area. Last summer, the banners were displayed at the City of Raleigh Museum, and plans are in place to display the banners in other venues around the city in the upcoming year. The Display is both a timeline and a biography of each judge\u27s life, up to and after their time on the bench. Pictures, newspaper articles, letters, and government documents are used to show major events in each judge\u27s life. Most articles and ephemera came from open source digital databases, although some had to be pulled from the State Library of North Carolina and the State Archives of North Carolina. Our search was broad, and we ended up collecting many more articles than we needed. After the Display was completed, we decided the next step was to organize everything we found into a single bibliography. The following bibliography consists of the newspaper articles and government documents we used to create both the permanent and travelling Displays. Most of the articles can be found on the open source North Carolina Digital Newspaper Collection and in the State Library and State Archives. Some articles were retrieved using the Law Library\u27s subscription newspaper platforms, such as Newsbank and the North Carolina Collection at Newspapers.com. Finally, both Judge Elreta Alexander-Ralston and Judge Samnie Chess, Jr. have online archives of their papers, photographs, and personal effects. Judge Alexander\u27s papers are available at the University of North Carolina at Greensboro Library. Judge Chess\u27s photographs and ephemera can be found at the High Point Museum

    Campbell Law Sidebar, December 2020

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    An Evening with Yusef Salaam, Member of The Exonerated Five

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    A dialogue about race, the law, and the American criminal justice system

    From Aristocracy to Democracy: The Legislative Ascent to General Statute in the Moral Science of the Law in North Carolina

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    Defamation in the Age of Social Media: Why North Carolina\u27s Micro-influencers Should Be Classified as Limited Purpose Public Figures

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    The advent of social media has changed the way society communicates and the way ideas are spread. These new platforms for speech have inevitably pushed the boundaries of the law, particularly in the area of defamation. Social media has created new types of speakers, new publication methods, and easier ways for people to defame each other. This Comment examines existing constitutional and North Carolina-specific defamation law, explains how defamation law has evolved in the 21st century, provides a focused description of two types of social media users in 2020, and proposes a way for North Carolina courts to adapt current standards to these new speakers in a way that continues to protect speech

    The University of Bucharest Contributes to the Promotion of Arbitration in Romania

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    Armed Forces Mobilization Under 10 U.S.C. §12301(d) and Federal Employees: Why OPM Guidance Is Incorrect

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    The Office of Personnel Management ( OPM ) provides unclear and incorrect guidance regarding benefits to reservist federal employees that mobilize under 10 U.S. C. § 12301(d), particularly regarding twenty-two days of military leave under 5 U.S.C. § 6323(b) and reservist differential pay under 5 U.S.C. § 5538. Because of this, many reservists are deprived of important benefits to which they are entitled. This article is the first in-depth analysis of mobilizations under 10 U.S.C. § 12301(d) and the available benefits for federal employees. This article focuses on twenty-two days of military leave under 5 U.S.C. § 6323(b) and reservist differential pay under 5 US.C. § 5538, and also briefly addresses other benefits to which federal employees are entitled. OPM failed to consider recent jurisprudence from the Federal Circuit and administrative adjudicative bodies, leading to incorrect and unclear guidance for federal agencies, and causing agencies to improperly inform federal employees of their benefits. This topic is important because more than 959,701 reservists have been involuntarily and voluntarily mobilized (including mobilization under 10 U.S.C. § 12301(d)) since 2001. Additionally, as of November 30, 2018, the total reported personnel strength by rank of the Ready Reserve was 798,402. This is a massive number of individuals that may be eligible for benefits of which they are unaware

    Seeking Shelter: How North Carolina is Violating the State Constitution by Failing to Properly Educate Its Homeless Students

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    Under Leandro v. State, the North Carolina Constitution guarantees a sound basic education for all students in public schools. North Carolina is failing to meet that demand with respect to the state\u27s homeless students. Testing data from at least the last decade shows that there is a long-standing achievement gap between homeless students and their peers. This demonstrates that homeless students are not obtaining a sound basic education. Moreover, this failure is the result of both the state\u27s action and inaction. There are, however, a number of solutions the state can implement to remedy its constitutional violation. This Comment explores the extent of North Carolina\u27s failures to provide the constitutionally promised education to homeless students and offers solutions the state can use to ensure homeless students receive their sound basic education

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