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133 results for "North Carolina State Bar Journal"
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Record #:
42580
Abstract:
The title, alluding to the 12 jury members who have historically presided over superior court criminal trials, may be an outdated practice, with the passing of the amendment that favors such cases being decided by a judge only. Following a two-part explanation of this amendment were reasons that argue against its adoption, such as possible expansion of a preferential practice known as “judge shopping.” Reasons that favor the passage of Amendment NC Gen. Stat. 15A-1201 included the costliness of juried trials and high conflict cases that receive pre-trial publicity that hinders the case.
Record #:
35104
Abstract:
The Bates that Lunsford in this case referred to a United States Supreme court case that took twenty years to be resolved. The case, Bates vs Arizona State Bar, involved protection of the First Amendment to the commercial speech (as in, advertisement) of lawyers’ services. The issue was resolved by offering two proposals: proposal A, one which required certain information to be disclosed about the lawyer; proposal B, which prohibited advertising that was false, deceptive, or misleading.
Record #:
41214
Author(s):
Abstract:
There are a multitude of factors to consider with business operations. To simply the process, the executive director of the State Bar Lawyers’ Management Assistance Process (LMAP) offered advice in categories, with each one having a dozen subcategories. Broad categories are office administration, malpractice and grievance, personal well-being, and attitude.
Record #:
23086
Abstract:
Daniel R. Taylor Jr., one of Judge Ward's early law clerks, describes the life of Judge Hiram Ward beginning with Ward's service in the military during World War II through his legal career as a lawyer and judge.
Source:
North Carolina State Bar Journal (NoCar KF 200 N67), Vol. 19 Issue 2, Summer 2014, p20-25, 37, il, f
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Record #:
42545
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Abstract:
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.
Record #:
35071
Author(s):
Abstract:
Senator Leslie Winner’s account reflected on the reasons why she decided to run for Senate, her experience as a Senator, and the consequences of striving to balance a public and personal life.
Record #:
24061
Abstract:
Over the past few years, North Carolina's legal community has taken strides to better serve the legal needs of the state's active-duty military and veterans. Committees and organizations like the State Bar's Standing Committee on Legal Assistance to Military Personnel (LAMP), the NC Veterans Pro Bono Network, and the Military and Veterans Affairs Committee, among others are discussed in this article.
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Record #:
42588
Abstract:
With the third largest population of active duty members in the United States, it is critical to provide legal services to North Carolina’s active and retired servicemen and women. In addition to resources such as Legal Services of Southern Piedmont, lawyers have been encouraged to provide legal assistance in the form of pro bono service. Legal counsel, along with other types of public service work, is being provided by legal clinics at VA Medical Centers. Moreover, the authors noted organizations providing a comparable level of service and resources, such as the North Carolina Bar Association’s Military and Veterans Affairs Committee.
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Record #:
41218
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Abstract:
As part of answering the question of what role the lawyer in question plays in a client’s defense, another word is being considered: necessary. This word, designed to eliminate the ambiguity of the former rule, was intended to, among other things, prevent the opposing counsel from disqualifying the lawyer. Has ambiguity been eliminated? As this ethics counsel for the North Carolina State Bar proposed, the murkiness of interpretation’s waters has only grown more so.
Record #:
35074
Author(s):
Abstract:
Watt’s account of his service as a United States congressman related the presence of and reasons for his perception that serving the underrepresented citizens of NC’s Twelfth District has been a rewarding and challenging experience.
Record #:
41205
Author(s):
Abstract:
Sam Byasee’s recollection of how the Internet has impacted lawyers over the past two decades, particularly how the Internet has changed the attorney-client relationship through the inclusion of email as a communication tool. With the advantages of the Internet highlighted, he included two traditional (e.g. printed) resources that can be helpful to individuals in the legal profession.
Record #:
42550
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Abstract:
Winn’s analysis of Title IX opened with recounting of its history as a form of legislation affiliated with education. Tracing its development over the past four decades included examples of legal watersheds that involved sexual assault, higher education periodicals containing articles about this issue, its four forms of compliance, and the judicial entity that oversees its compliance.
Record #:
42547
Abstract:
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.
Record #:
23089
Author(s):
Abstract:
Over time, the University of North Carolina School of Government has evolved. From broadening the focus on local government administration to utilizing new technology, the school continues to change and improve alongside educational and governmental demands.
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Record #:
35402
Author(s):
Abstract:
Former Attorney General and Governor Michael Easley reflection focused on two legal profession related topics: the purposes of the Attorney General for the people of North Carolina; major laws enacted during the 1990s in NC; and how litigation and mediation serves to protect the public.