Articles in regional publications that pertain to a wide range of North Carolina-related topics.
Search Results
153 results
for "North Carolina State Bar Journal"
Record #:
42545
Author(s):
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.
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Subject(s):
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
Author(s):
Abstract:
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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Subject(s):
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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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.
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Subject(s):
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
Author(s):
Abstract:
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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Subject(s):
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
Author(s):
Abstract:
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
Author(s):
Abstract:
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
Author(s):
Abstract:
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
Abstract:
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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Abstract:
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
Author(s):
Abstract:
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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Subject(s):
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
Author(s):
Abstract:
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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Subject(s):
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
Record #:
42543
Author(s):
Abstract:
King’s analysis of Unauthorized Practice of Law, or UPL, includes the definition of UPL and the legal consequences for attorneys and paralegals engaging in the activity, and why legal counsel should deter the practice that commonly occurs on social media networks such as Facebook and Twitter.
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Subject(s):
Unauthorized Practice of Law--attorneys ; Unauthorized Practice of Law--paralegals; Unauthorized Practice of Law--definition; Unauthorized Practice of Law--social media networks; Unauthorized Practice of Law--social media networks--Facebook; Unauthorized Practice of Law--social media networks--Twitter
Record #:
42550
Author(s):
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.
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Subject(s):
Title IX--see also Patsy Takemoto Mink Equal Opportunity in Education Act of 1972 ; Title IX--history--sexual assault cases--college campuses ; Sexual assault cases--college campuses--United States ; Sexual Assault cases--accused--Family Educational Rights and Privacy Act; Prasad v Cornell University ; Violence against Women Reauthorization Act, 2013
Record #:
42551
Author(s):
Abstract:
Buckingham’s examination of landlocked parcels and common law contains the conditions to establish a case, information practitioners need to analyze a claim, recent treatment of this law at the state Supreme Court and Court of Appeals level, examples of court cases. His examination includes its unexpected origin: shipwrecks in North Carolina’s Graveyard of the Atlantic. Included is sources with more information.
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Subject(s):
Landlocked parcels and common law--North Carolina--history; Landlocked parcels and common law--Supreme Court--North Carolina ; Landlocked parcels and common law--Court of Appeals--North Carolina; North Carolina--common laws--landlocked parcels ; Hetfield v Baum; Landlocked parcels and common law--history--Graveyard of the Atlantic
Record #:
42552
Author(s):
Abstract:
Williamson’s reflection on the legal profession, particularly during the time frame in which he has been involved, applies the past and present of his profession to draw conclusions about its future, particularly the role that his Millennial-aged contemporaries may play in it. Acknowledging this generations’ unique role in the direction of the profession yields his discussion of a program that teaches today’s lawyers how to exhibit traits that are more characteristic of Millennials, such as collaboration.
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