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Articles 1 - 26 of 26
Full-Text Articles in Law
Can't Live With 'Em Can't Live Without 'Em: An Analysis Of The Trial Court's Authority To Hear And Decide Child-Related Claims In North Carolina Post-Baumann, Amy L. Britt, Alicia Jurney Whitlock
Can't Live With 'Em Can't Live Without 'Em: An Analysis Of The Trial Court's Authority To Hear And Decide Child-Related Claims In North Carolina Post-Baumann, Amy L. Britt, Alicia Jurney Whitlock
Campbell Law Review
In Baumann-Chacon v. Baumann, decided in May 2011, the North Carolina Court of Appeals held for the first time that trial courts have the authority to enter orders related to child custody and child support before a husband and wife have separated. The Baumann court carefully distinguished its decision from the holding in Harper v. Harper, a 1981 case in which the court held that the wife’s pre-separation custody and child support claims should have been dismissed. The Baumann decision raises some interesting questions about the limits of the trial court’s ability to enter orders protecting the interests of children …
Family Law Arbitration: Third Party Alternative Dispute Resolution, Lynn P. Burleson
Family Law Arbitration: Third Party Alternative Dispute Resolution, Lynn P. Burleson
Campbell Law Review
No abstract provided.
Avoidance Strategy: Same-Sex Marriage Litigation And The Federal Courts, William C. Duncan
Avoidance Strategy: Same-Sex Marriage Litigation And The Federal Courts, William C. Duncan
Campbell Law Review
This brief article examines the strategy of avoiding federal court review and federal constitutional claims for same-sex marriage. It first surveys the history of same-sex marriage litigation in the federal courts. It then turns to the question of why federal courts and claims have been avoided, identifying the most obvious explanation - a conscious strategic aim. The conclusions discussed in that section are exemplified in recent litigation in the Ninth Circuit. The article concludes with some comments on the policy implications of the strategy it describes.
Child Sex Abuse Victims: How Will Their Stories Be Heard After Crawford V. Washington?, Erin Thompson
Child Sex Abuse Victims: How Will Their Stories Be Heard After Crawford V. Washington?, Erin Thompson
Campbell Law Review
This comment focuses on the Confrontation Clause's interpretation throughout history and demonstrates the adverse effects the current state of the law has on child sex abuse victims like Alice and Bonnie. As such, the United States Supreme Court should declare that current statutory protections for child sex abuse victims are valid exceptions to the Confrontation Clause. Additionally, states should be encouraged to establish these statutes where they do not exist.
Closing The Window Of Opportunity: The Limited Rights Of Putative Fathers Under N.C. Gen. Stat. § 48-3-601 And In Re Byrd, Lauren Vaughan
Closing The Window Of Opportunity: The Limited Rights Of Putative Fathers Under N.C. Gen. Stat. § 48-3-601 And In Re Byrd, Lauren Vaughan
Campbell Law Review
This note will discuss whether the court's interpretation of N.C. Gen. Stat. § 48- 3-601 is consistent with legislative intent and with North Carolina case law, and will then address whether this statute adequately protects the constitutional rights of unmarried putative fathers as mandated by the United States Supreme Court.
Re-Evaluating Grandparental Visitation In North Carolina In Light Of Troxel V. Granville, John M. Lewis
Re-Evaluating Grandparental Visitation In North Carolina In Light Of Troxel V. Granville, John M. Lewis
Campbell Law Review
No abstract provided.
Liner V. Brown: Where Should We Go From Here - Two Different Approaches For North Carolina, A. John Hoomani, Kimberly Sieredzki Woodell
Liner V. Brown: Where Should We Go From Here - Two Different Approaches For North Carolina, A. John Hoomani, Kimberly Sieredzki Woodell
Campbell Law Review
No abstract provided.
A Spouse's Right To Control Assets During Marriage: Is North Carolina Living In The Middle Ages?, The Honorable K. Edward Greene
A Spouse's Right To Control Assets During Marriage: Is North Carolina Living In The Middle Ages?, The Honorable K. Edward Greene
Campbell Law Review
Under the modern concept of marriage, a husband and wife are generally thought of as equal partners, and the wife is generally no longer thought to be under the domination of her husband. Ironically, this concept of treating a husband and wife as a partnership is reflected upon divorce in North Carolina's equitable distribution laws, but is not entirely reflected during the intact marriage, especially with regard to issues of property management.
The Effect On The Child Of A Custodial Parent's Involvement In An Intimate Same-Sex Relationship - North Carolina Adopts The "Nexus Test" In Pulliam V. Smith, Vicki Parrott
Campbell Law Review
This Note examines the North Carolina Court of Appeals decision in Pulliam v. Smith. First, the Note discusses the facts of the case and the opinion of the North Carolina Court of Appeals. Then, the Note examines (1) child custody law in North Carolina; (2) North Carolina case law addressing the effect on the child of a custodial parent's sexual conduct and sexual orientation; and (3) child custody disputes in other jurisdictions which involve a custodial parent in an intimate same-sex relationship. Next, the Note analyzes the decision in Pulliam and its effect on child custody law in North …
Constitutionally Defending Marriage: The Defense Of Marriage Act, Romer V. Evans And The Cultural Battle They Represent, Leonard G. Brown Iii
Constitutionally Defending Marriage: The Defense Of Marriage Act, Romer V. Evans And The Cultural Battle They Represent, Leonard G. Brown Iii
Campbell Law Review
No abstract provided.
Contractual Modification Of Past Due And Future Child Support Payments, Lynette K. Neel
Contractual Modification Of Past Due And Future Child Support Payments, Lynette K. Neel
Campbell Law Review
This comment will address the custodial parent's right to contract with the supporting parent to modify court-ordered child support payments. Part II discusses how the courts have classifled contracts made to settle past due child support payments. It will also explain the defenses that some courts recognize and utilize to protect the supporting parent when the courts refuse to enforce the contracts. Part III discusses the different rationales for either enforcing or invalidating contracts that modify future child support payments. Part IV recommends that the courts allow parents to contractually modify payments and that the courts use traditional contract principles, …
The Diploma Dilemma: An Inequitable Result Under North Carolina's Equitable Distribution Statute - Kuder V. Schroeder, W. Greg Merritt
The Diploma Dilemma: An Inequitable Result Under North Carolina's Equitable Distribution Statute - Kuder V. Schroeder, W. Greg Merritt
Campbell Law Review
This Note addresses the rationale of the North Carolina Court of Appeals in Kuder, as well as alternative remedies relied on by other courts which could help avoid the unjust effects of the Kuder decision. In addition, this Note analyzes how other jurisdictions have handled similar cases and if those methods would be applicable and proper in North Carolina. Finally, this Note suggests how attorneys and supporting spouses can avoid the consequences that will follow as a result of the Kuder decision.
Post-Separation Failure To Support A Dependent Spouse As A Sole Ground For Alimony Despite The Absence Of Marital Misconduct Before Separation - Brown V. Brown, Elizabeth N. Rich
Post-Separation Failure To Support A Dependent Spouse As A Sole Ground For Alimony Despite The Absence Of Marital Misconduct Before Separation - Brown V. Brown, Elizabeth N. Rich
Campbell Law Review
This Note explores the developments in the policy behind awarding alimony, analyzes the rationale behind the court of appeals' decision in light of these developments, and concludes that future actions for alimony may be upheld where the supporting spouse is not responsible for the dissolution of the marriage, a result inconsistent with the direction that the policy behind awarding alimony has taken in recent years.
Premarital Agreements, Suzanne Reynolds
Premarital Agreements, Suzanne Reynolds
Campbell Law Review
This article devotes most of its attention to the UPAA, offering analyses of its various provisions and suggesting some possible interpretations by the North Carolina appellate courts. Before analyzing the UPAA, the article first gives an overview of the North Carolina case law and statutory law which existed at the time of the adoption of the act. Against this background, the UPAA brings sweeping change to the law of premarital agreements.
The Uniform Probate Code's "Augmented Estate" Concept: A Remedy For The North Carolina Dissent Statute, Charles H. Munn Jr.
The Uniform Probate Code's "Augmented Estate" Concept: A Remedy For The North Carolina Dissent Statute, Charles H. Munn Jr.
Campbell Law Review
This Comment will show that state statutes are not always effective. This Comment (1) discusses North Carolina's dissent statute, (2) shows the possible unfairness the North Carolina dissent statute may cause, and (3) argues why the Uniform Probate Code's "augmented estate" concept should be incorporated in North Carolina's dissent statute.
North Carolina's Uniform Premarital Agreement Act: A Contract Perspective, Richard A. Lord
North Carolina's Uniform Premarital Agreement Act: A Contract Perspective, Richard A. Lord
Campbell Law Review
This Article will explore the likely impact the Uniform Premarital Agreement Act will have in North Carolina from a contractual perspective. First, the Article provides a thumbnail overview of the Act's provisions. Then, the Article considers the effect of the Act on North Carolina law and practice. Finally, the Article explores some of the more important and basic practical problems caused by the Act and suggests tentative solutions.
Domestic Relations - Post-Separation Sexual Intercourse Precludes Enforcement Of Agreement Requiring Parties To Live Separate And Apart - Higgins V. Higgins, Gerald H. Groon Jr.
Domestic Relations - Post-Separation Sexual Intercourse Precludes Enforcement Of Agreement Requiring Parties To Live Separate And Apart - Higgins V. Higgins, Gerald H. Groon Jr.
Campbell Law Review
This Note will identify how the majority in Higgins analyzed prior case law to derive a legal definition for the term "separate and apart." This Note will also serve as a caveat to the legal community. The Higgins decision resulted from the couple's failure to abide by the terms of a condition precedent that had been inserted into a property settlement provision of the separation agreement. The decision should be confined to its narrow facts. The case does however deserve close scrutiny. Application by subsequent courts of the Higgins ruling as precedent for the proposition that isolated acts of sexual …
Evidence - North Carolina Allows Admission Of The Unthinkable: Hearsay Exceptions And Statements Made By Sexually Abused Children - State V. Smith, Benita A. Lloyd
Evidence - North Carolina Allows Admission Of The Unthinkable: Hearsay Exceptions And Statements Made By Sexually Abused Children - State V. Smith, Benita A. Lloyd
Campbell Law Review
This Note will discuss how the court's decision to expand the traditional hearsay exceptions under Rule 803 ranks in effectiveness with other methods which allow into evidence hearsay statements of a child victim. While Smith does not provide admission of all critical hearsay statements made by sexually abused children, the decision goes a long way in allowing North Carolina courts to admit the unthinkable.
The Equitable Distribution Of Professional Degrees Upon Divorce In North Carolina, Carole S. Gailor, Meredith J. Mcgill
The Equitable Distribution Of Professional Degrees Upon Divorce In North Carolina, Carole S. Gailor, Meredith J. Mcgill
Campbell Law Review
This article will examine the concept of the advanced degree as property subject to equitable distribution in the context of the North Carolina equitable distribution of marital property statute and the prevalent theories of compensation to the working spouse within the scope of North Carolina's statutory property distribution and spousal maintenance schemes.
Using Hindsight To Change Child Support Obligations: A Survey Of Retroactive Modification And Reimbursement Of Child Support In North Carolina, Beverly W. Massey
Using Hindsight To Change Child Support Obligations: A Survey Of Retroactive Modification And Reimbursement Of Child Support In North Carolina, Beverly W. Massey
Campbell Law Review
The ratification of Chapter 50, section 13.10 of the North Carolina General Statutes, effective October 1, 1987, now focuses attention on the retroactive modifiability of court-ordered child support obligations in this state. Retroactive liability for child support, however, is not limited to retroactive changes in court-ordered support. The concept also includes retroactive changes in contractual child support obligations, as well as several miscellaneous remedies that allow a court to reimburse a parent, the state, or a third-party provider of necessaries for past expenditures on the child's behalf.
The Contingent Fee Contract In Domestic Relations Cases - Thompson V. Thompson, Timothy H. Graham
The Contingent Fee Contract In Domestic Relations Cases - Thompson V. Thompson, Timothy H. Graham
Campbell Law Review
This Note will sketch the background of the contingent fee in North Carolina and then examine contingent fee agreements in domestic relations actions in other jurisdictions. The Note will then examine the Thompson court's holding and look at some unanswered questions. The Note concludes that, based on the public policy of North Carolina and of the majority of other jurisdictions, the court reached the correct decision in holding that contingent fee contracts in domestic relations actions are against public policy.
Coercive Governmental Intervention And The Family: A Comment On North Carolina's Proposed Standards, The Hon. Clarence E. Horton Jr.
Coercive Governmental Intervention And The Family: A Comment On North Carolina's Proposed Standards, The Hon. Clarence E. Horton Jr.
Campbell Law Review
It is ... the purpose of this comment ... to examine the broad changes which the proposed standards would make in the present child-protection and foster care system, and to suggest additional areas in which further study is needed.
A New Rule For Consent Judgments In Family Law - Walters V. Walters, H. William Palmer Jr.
A New Rule For Consent Judgments In Family Law - Walters V. Walters, H. William Palmer Jr.
Campbell Law Review
In the process of obtaining a divorce, the husband and wife frequently enter into a consent judgment which outlines the rights and obligations of the parties. The agreement commonly deals with both the alimony and property provisions of the settlement and is incorporated into the court's decree. Consent judgments are commonly designated as one of two types. The first is treated as a contract between the parties and is not modifiable without their consent. The second is treated as a court ordered judgment and is both modifiable and enforceable by the court's contempt power. The language of the agreement and …
The Professional Degree As Marital Property Under North Carolina's Equitable Distribution Statute, Darnell A. Batton
The Professional Degree As Marital Property Under North Carolina's Equitable Distribution Statute, Darnell A. Batton
Campbell Law Review
The Legislature in enacting the North Carolina Act for Equitable Distribution of Marital Property altered the common law approach of dividing property upon divorce strictly according to record title. Under the new statute, marriage is viewed as a joint venture to acquire property through monetary and non-monetary efforts of each spouse. The Legislature authorizes the courts to reward these mutual efforts by dividing marital property in an equitable fashion. Marital property is that real or personal property acquired during marriage which is traceable to the joint efforts of both spouses. Under the new statute, only that property classified as "marital …
Criminal Law - A New Means To Combat Child Abuse?, Janet Coleman
Criminal Law - A New Means To Combat Child Abuse?, Janet Coleman
Campbell Law Review
This note will examine State v. Walden in light of prior North Carolina law, in relation to the new law it creates, as well as the policy interests involved in this area of criminal liability.
Uniform Child Custody Jurisdiction Act In North Carolina, Sharon K. Allen
Uniform Child Custody Jurisdiction Act In North Carolina, Sharon K. Allen
Campbell Law Review
This comment will examine the changes in North Carolina's judicial approach to custodial disputes since the adoption of the UCCJA, the effect of the Act in North Carolina and the problems which still remain to be resolved under the UCCJA.