Articles in regional publications that pertain to a wide range of North Carolina-related topics.
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157 results
for "North Carolina State Bar Journal"
Record #:
43657
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There are a surprising number of ethics opinions that have been written concerning interpreting the prohibition on misleading material on law firm letterhead. Summary of various categories is given.
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Record #:
43682
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Historically considered one of North Carolina's most influential attorneys, Chief Justice Richmond Munford Pearson served on North Carolina's highest court for 30 years. He is remembered also for the private law school, known as Richmond Hill, which he operated from 1846-1878. The following article details the operation of that school and its impacts. The last living graduate of Pearson's school Hugh R. Scott of Rockingham County
died in 1947.
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Record #:
43683
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Hartzell examines Corban Addison's 2022 volume published by Alfred A. Koopf. The book tells the story of a group of cases in the North Carolina courts that succeeded despite long odds and powerful players. The cases and verdicts were based on hog farms disposal practices. As pork is the most widely consumed protein in the world, industrial hog production remains both important and controversial.
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Record #:
42544
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Clark uses a “day in the life” description of proceedings in Guilford County Courthouse and landmark cases such as Jones v City of Clanton as illustrations that justice is more likely for those able to pay bail bonds. To further assert that justice is less likely for defendants on the lower end of the socioeconomic scale, Clark proposes five reasons for why the bail bond system in North Carolina needs to be reformed. Included in the aspect of his argument that “justice for all” is possible are descriptions of successful pre-trail release programs such as ReEntry, Inc.
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Record #:
42545
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Grine’s assertion that an alternate approach is necessary opens with reasons why eyewitness identification is more likely to be erroneous when race is a factor, whether the identification is occurring during a suspect lineup or in a courtroom jury box. The effectiveness of her solution, jury instruction on cross-racial identification, is bolstered by court cases where racial misidentification yielded a miscarriage of justice.
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Racial identification and court system; Racial misidentification--court cases--North Carolina--Terence Garner; Racial misidentification--court cases--North Carolina--Ronald Cotton; Racial identification and DNA testing; Cross-racial identification and juries ; Cross-racial identification--risk of error--factors
Record #:
42546
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Judge Tyson’s reflection on North Carolina’s judicial selection, started from the late Colonial period through today, places a greater focus on its history since 1850 and the greatest focus since the 1990s. His reflection includes, to a lesser extent, the judicial selection process as has evolved in North Carolina’s sister states, Virginia and South Carolina.
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Judicial selection--history--North Carolina ; Judicial selection--history--North Carolina--general elections; Judicial selection--history--North Carolina--incumbent judges; Judicial selection--history--North Carolina--Republican party; Judicial selection--history--North Carolina--state Constitution; Judicial selection--history--North Carolina--governors
Record #:
42547
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Judge Stephens’ recollection of his experience in the legal profession initially focuses on trial lawyers. Over its course, he shifts to other changes introduced in the greater judicial system since he started trying cases in 1970, such as citizens’ participation as jurors and increased time frame for trying medical malpractice lawsuits. His reflection on these changes compels him to use them as evidence for why jury trials need to be streamlined, lest it impact the future of the jury trial and trial lawyer in the United States.
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Court trials--jury trial--history--United States ; Court trials--United States--juries--role; Court trials--United States--history--jury participation; Court trials--medical malpractice lawsuits--United States--history ; Lawyers--North Carolina--history ; Court trials--trial lawyer--history--United States
Record #:
42548
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Shepard recounted the development of the Chief Justice’s Commission on Professionalism since its inception in the late 1990s. Included in the recount is her examination of the Rules of Conduct, in place a dozen years before the CJCP, its predecessor, the Model Code. Also noted by Sheppard is the role that Watergate and North Carolina’s State Bar played in the legal profession nationally and locally since the 1970s. Her analysis of these elements collectively asserts the need for and benefit of professionalism standards for representatives of the legal profession.
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Chief Justice's Commission on Professionalism--history--North Carolina; Rules of Professional Conduct--history--North Carolina ; United States legal profession and Watergate ; Legal profession--history--North Carolina--Kutak Commission; American Bar Association--North Carolina--history ; American Bar Association--United States Legislative Committees--Standing Committee on Professionalism
Record #:
42549
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Electronic technology’s impact on the legal profession is represented in the authors’ discussion about the debated role of digital currency such as Bitcoin. This side of the debate focuses on negative implications that such forms of currency can have on lawyers’ fulfillment of professional responsibility. Included in their discussion of this debate is information about cryptocurrency in general and legislators from Nebraska and Virginia representing its con camp. This information leads to the authors’ conclusion about the future of cryptocurrency for the representatives of the legal profession, particularly those in the United States.
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Record #:
42537
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Making the revised, and now uniform, Power of Attorney Act more understandable for laypersons of the law is Creekman’s overview. His description of the new PoA’s organization and purpose leads to an explanation this law’s sixteen most important aspects, particularly as they apply to real estate matters and his optimistic perception of the law’s long-term impact.
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Record #:
42538
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Lechner underscores the impact and importance of the Civil Justice Act. Asserting its importance was its purpose: helping to provide legal services for the most vulnerable members the state’s population through funding the Legal Aid of North Carolina, Charlotte Center for Legal Advocacy, and Pisgah Legal Services. Asserting its importance was noting how people who are elderly, impoverished, domestic violence victims, or disabled and veterans who are homeless could be impacted, should funding be cut.
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Record #:
42539
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Persuading couples pondering these options to think carefully is the author’s analysis of what to consider when deliberating either possibility. Issues Mason discussed emphasized how moving in together, whether as significant others or spouses, could impact the couple and their loved ones, particularly in the long term. The issues: power of attorney and health care advance directives; social security benefits; long term care (nursing) and Medicaid planning; income and transfer taxes; the family home; elective share and year’s allowance statutes; intestacy.
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Record #:
42540
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The author describes the crisis level proportions the opioid crisis in North Carolina that impacts the addicted, their loved ones, and the medical community. Through it, Judge Corpening balances the acknowledgement of this crisis’ severity by asserting hope of recovery, courtesy of opioid crisis centers, coalitions, and classes. Those profiled include Community Partners Coalition for New Hanover County and the Intensive Reunification Program.
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Record #:
42541
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Capua’s discussion of Medically Assisted Treatment, as it applies to opioid dependence, includes treatment measures and the counseling and court system’s biased treatment of MAT patients. For readers seeking more information about opioid addiction and Medically Assisted Treatment, Capua concludes her discussion with a list of resources and services, with information about them available in print and online.
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Opioid dependency and court system--North Carolina ; Opioid dependency and counseling centers ; Drug courts--Medication Assisted Treatment guidelines ; Medication Assisted Treatment--rights of individuals ; Attorneys--legal counsel--Medication Assisted Treatment patients; Medication Assisted Treatment--types--methadone maintenance
Record #:
42542
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A companion article to Christa Capua’s “Medication Assisted Treatment for Opioid Dependence in the Criminal Justice System,” Moraites’ article focuses on the instances when Medication Assisted Treatment is not the best solution for those seeking recovery. Included in Moraites’ counter argument is an examination of the true efficacy of this type of treatment and in what situations is Medication Assisted Treatment the best treatment solution.
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Medication Assisted Treatment--long term efficacy; Medication Assisted Treatment and opioid dependency; Abstinence based solutions--Medication Assisted Treatment; Opioids--history--United States ; Opioids--history--United States--medical profession; Addiction and recovery--perception--medical community