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Settlement Agreements Are Favored Under North Carolina Law... Or So We Thought: Problems With The Court Of Appeals' New Approach Allowing County Governments To Invalidate An Otherwise Binding Settlement Agreement Using North Carolina General Statute Section 159-28, Ryan C. Aul
Campbell Law Review
This comment first examines the established law of settlement agreements in North Carolina, specifically relating to how such agreements are favored under the law, general enforcement of these agreements, and special rules concerning counties and municipalities. Second, it focuses on the requirements for a pre-audit certification under North Carolina General Statute section 159-28(a), the perplexing judicial interpretation of this statute by the North Carolina Court of Appeals, and the resulting inequitable status of the law that treats settlement agreements with county and municipal governments on a different playing field than those with a private entity. Finally, a proposal is offered …
The Difficult Task Of Model Rule Of Professional Conduct 3.6: Balancing The Free Speech Rights Of Lawyers, The Sixth Amendment Rights Of Criminal Defendants, And Society's Right To The Fair Administration Of Justice, Mattei Radu
Campbell Law Review
This article will begin with a review of trial publicity rules from the earliest efforts to curb harmful statements of lawyers during trials to the promulgation of Model Rule 3.6 in 1983 by the American Bar Association. It will then examine Gentile, the main Supreme Court case in this area. The article will next consider the 1994 and 2002 amendments to Model Rule 3.6, which were inspired in part by the Court's ruling in Gentile. It will also look specifically at the trial publicity situation in North Carolina, where Durham District Attorney Michael B. Nifong has been charged with violating …