Articles in regional publications that pertain to a wide range of North Carolina-related topics.
Search Results
161 results
for "North Carolina State Bar Journal"
Record #:
42544
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Abstract:
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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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
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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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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 #:
42550
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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
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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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Record #:
42553
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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.
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Record #:
42554
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With the history of the Adult Children of Alcoholics movement as an introductory backdrop, the author explains the role of early childhood trauma in dysfunctional behaviors occurring in adulthood. Particular aspects of this form of childhood trauma she focused on includes early attachment and self-regulation, link between ACOA/Co-dependent and childhood trauma, and family dynamics that can lead to emotional deregulation. Balancing her analysis of the seemingly unconquerable forces is an acknowledgement that, with proper support networks, recovery for alcoholics and their adult children is possible.
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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.
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Record #:
42556
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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.
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Record #:
42557
Author(s):
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.
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Record #:
42558
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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.
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Subject(s):
North Carolina General Assembly and attorneys ; North Carolina General Assembly--history--lawyers ; North Carolina political system--history ; North Carolina House of Representatives--attorneys ; North Carolina--two party system--impact on state judicial branch; North Carolina political system--court cases--Stephenson v Bartlett