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Are Parents More Than Money? Proposing Reform of North Carolina\u27s Wage Imputation Doctrine in Child Support Cases
Full text linkNorth Carolina\u27s child support regime exists as a composite of three sources of law: statutes, case law, and the North Carolina Child Support Guidelines. These sources have not evolved in tandem to produce a coherent synthesis of policy rationales. One aspect of the law that implicates conflicting policy goals is the use of a parent\u27s potential income instead of their actual income at the time oftrial (a practice often referred to as wage imputation\u27). The Guidelines are a synthesis ofstatutes and case law predicated on the income shares model, the ostensible goal of which is to provide children with the same financial support they would enjoy if the child lived in an intact household with both parents. Wage imputation evolved in case law, first as a means of preventing husbands from deliberately avoiding their family support obligations, and now functions as a means of imputing income to anyone the court inds to be under- or unemployed as a result of bad faith blurring policy goals and conditioning case outcomes on judges\u27 particular moral and ideological beliefs. This Comment argues that badfaith has become a dangerously broad concept that exceeds its legitimate policy purposes and should be reformed by the legislature to protect the interests ofparents and children alike
A Government of the People, by the People, for the People? Revisiting Term Limits for Congress and \u3cem\u3eU.S. Term Limits v. Thornton\u3c/em\u3e
Full text linkTerm limits for government officials in this country have a long but inconsistent history. On both the federal level and state levels, proponents of term limits date back to colonial times and maintained an active presence in politics during the first years of the American Republic. The push for federal term limits faded for over a century but reemerged with the ratification of the Twenty-Second Amendment in 1951 and the movement for State-imposed term limits on Congress in the 1990s. While the constitutionality of presidential term limits was decided forty-three years earlier by amendment, the question of whether the States could impose term limits on their own congressional delegates remained unanswered in 1994. Then, the Supreme Court provided an answer in the negative when it decided U.S. Term Limits v. Thornton in 1995. This 5-4 decision held that the States were forbidden from imposing term limits for their own federal Senators and Representatives. Although the ability of the States to enact term limits on Congress appeared to have ended in 1995, paths remain open today for State-imposed congressional term limits to become a reality. This Comment explores several of these paths and the reasons why they should be considered. Both history and modern conditions provide sound justification for why congressional term limits should be revisited today
One Hundred & Thirty-Seventh Spring Commencement (2023)
Full text linkhttps://scholarship.law.campbell.edu/commencement/1100/thumbnail.jp
A Called Third Strike: Professional Baseball’s Antitrust Exemption in a Post-Dobbs World
Full text linkProfessional baseball has long enjoyed exemption from federal antitrust law due to a trio of Supreme Court cases. The last of these cases, Flood v. Kuhn, upheld the exemption on the basis of stare decisis, yet rejected the constitutional foundation on which it rested. This Comment argues that in the wake of the recent Supreme Court case, Dobbs v. Jackson Women’s Health Organization, the Roberts Court has provided a clear analytical framework for analyzing constitutional stare decisis that should apply to Flood. Applying the Dobbs framework, this Comment then shows how Flood fails every factor favoring continued stare decisis protection and should be overturned
Cold Cases and Serial Offenders: A Case Study Examining Practical and Legal Issues That Can Make or Break Prosecutions
Full text linkAs technological advancements increase the probative value of DNA evidence (by revealing matches between suspects and evidence that could not be made with the use of older technology), cold case prosecutions will likely increase. At the same time, while DNA evidence can often lead to the identification of a guilty suspect, the prosecution of that suspect may be challenging, if not impossible. Some of these crimes were committed before DNA was used—or even considered—as an investigative tool. Oftentimes, rules governing the admissibility of evidence in such cases were drafted by individuals who likely (and quite reasonably) never contemplated the possibility of a case being prosecuted more than forty years after the crime was committed. For these reasons, practical and legal issues that rarely arise in typical investigations and prosecutions are far more likely to arise in cold cases.
The present article examines such issues, with a focus on a cold case involving a suspected serial sex offender. It begins with a description of the crimes connected to the defendant and the initial investigations into those crimes. It then describes the cold case investigation and prosecution. Finally, the article examines both practical and legal issues that arose in the context of this prosecution and that should be increasingly anticipated as cases age; these issues relate to (among other things) ex post facto laws, hearsay and the Confrontation Clause, the admissibility of evidence of the defendant’s uncharged bad acts, biological evidence, the scope of search warrants, and anticipated defenses