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Articles in regional publications that pertain to a wide range of North Carolina-related topics.

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133 results for "North Carolina State Bar Journal"
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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.
Record #:
42551
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.
Record #:
42553
Abstract:
The authors’ analysis of the history of this state’s public defender system traces its development since the 1970s. Their inclusion of legal entitles and court cases involved in its development indicate the complexity of its origins and its continued value, particularly for indigent clients.
Record #:
42556
Author(s):
Abstract:
This landmark court case, decided by the United States Supreme Court in 2017, brought to this nation’s legal profession’s attention how it should handle information related to jurors such as racial identity. Grine notes in particular how lawyers handle this issue during the voir dire step of the jury selection process can help prevent racial bias in juries and uphold the Sixth Amendment. How racial bias in juries for North Carolina cases is provided by the author in citing the manual Raising Issues of Race in North Carolina Criminal Cases.
Record #:
42557
Abstract:
A state law passed in 2016 allows digital assets to be accessed by fiduciaries. Examined within the context of this legislation by Carter are four types of fiduciaries, the process involved in granting authorization, examples of print and electronic documentation involved in the process, how fiduciaries may be able to access assets if it was not prepared before the owner died or became incapacitated. Provided also by the author is a copy of the Digital Access—Authorization and Consent for Release form created by a lawyer from Minnesota.
Record #:
42563
Author(s):
Abstract:
A series of articles based on lawyers’ reflections of books that had a personal impact continues with Buchan’s reflection on Richard Kluger’s Simple Justice. In his analysis, he discussed the quality of the text’s writing and information, as it collectively changed his perception about the role that blacks played in the mentioned watershed Civil Rights cases. His analysis included representatives of the court system of that time period such as Thurgood Marshall.
Record #:
42560
Author(s):
Abstract:
Popularly touted in recent years to help combat anxiety, depression, and stress, Mahr proposes that lawyers can benefit from this form of meditation when combatting the stress generated from their work experience. As evidence for the need and potential benefits, the author notes lawyer participants in a study who reported a considerable impact to their work performance and stress levels, as well as a source providing more information about the practice. In fact, from such studies and resources, Mahr, herself a beneficiary of mindfulness, was encouraged to start up a Mindfulness Meditation to Build Resilience to Stress curriculum for lawyers.
Record #:
42555
Author(s):
Abstract:
Fountain analyzes impacts that LegalZoom is having on the legal profession. She discusses how lawyers use it in the execution of their professional duties and examples of litigation yielded from its application. She also examines the role of State Bar Committees in the adoption of legislation for safeguarding lawyers and their clients. From these points, she generated her conclusions about the consequences of LegalZoom’s continued use, particularly from the clients’ end.
Record #:
42561
Author(s):
Abstract:
The author’s experience as a State Bar officer has taken him across the state and legal profession as it’s represented in North Carolina. From his experience, Merritt notes the changing public perception of the legal profession in North Carolina. From a statewide level, he also notes how population shifts since 2015, emerging technologies, and opioid dependence crisis have impacted the quality and quantity of its legal services. This acknowledgement leads to information about a resource that can change the quality of this impact for lawyers and the public.
Record #:
42562
Abstract:
The authors ascertain that race can play a considerable role in the quality of jury selection, and in the process, the legal profession overall. Through examining illustrations of research studies, as landmark cases and legislation, and the Batson framework’s three step analysis, Coleman and Weiss assert its powerful potential for litigants, the community, and jurors who are wrongfully excluded from participating in the judicial process.
Record #:
42558
Author(s):
Abstract:
Lawyers in the legislature, present since the beginning of the North Carolina General Assembly and the state’s one-party system, is noted by Daughtry. The extent of their presence and impact is emphasized by statistical data for the number of attorneys in the state House and Senate. It is also asserted by reasons why lawyers are needed in, and can be beneficial to, the operation of this General Assembly and the state’s political system, over the years evolved into a two-party system.
Record #:
42559
Author(s):
Abstract:
In the case of trials by jury, Wilson notes the decreasing number of trials with juries in recent years. From this admission leads to him acknowledging how lawyers’ inadequate court trial experience also impacts the quality of court trials. It is the lack thereof, that, according to the author, lawyers are obligated to acknowledge to their clients, per State Bar Rules of Professional Conduct.
Record #:
42564
Abstract:
The authors assert the deleterious role that court costs, outpacing inflation and steadily rising the past two decades, are playing in indigent clients’ ability to afford justice at the same level of their more prosperous counterparts. Underscoring their argument about this impact are a chart that chronicles how district and superior court costs have exponentially risen between 1995-2015. They include as assertion of the costs associated with incarceration of individuals charged with minor offenses, associated costs to taxpayers perhaps preventable by clients being able to pay court costs accrued earlier in the legal process.
Record #:
42565
Abstract:
Dubbed the “trial of the century,” a court case filed in 2015 charged that pollution-generating activities were endangering the constitution rights of citizens between 9-21. Owens and Knocsol discuss Juliana v United States’ history and legal impact of this watershed court case. It serves as groundwork for their concluding plea: to combat the deleterious environmental impact of pollution-generating activities, particularly for the sake of present youth and future generations.
Record #:
42566
Author(s):
Abstract:
Wilson’s article reflected on the court case arising from the New York Times’ chronicling the injustice against civil rights workers by the Montgomery police and the false perjury charge against Martin Luther King, Jr. in the spring of 1960. To convince readers that this injustice was not an isolated incident, or one related exclusively to Jim Crow culture, Wilson included in examples of course cases filed in the decades since New York Times v Sullivan. More information about this topic can be found in Wilson’s inclusion of two books about this landmark case: Make No Law: The Sullivan Case and First Amendment and New York Times v Sullivan: Civil Rights, Libel Law, and the Free Press.