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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 …
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.
Ramifications Of The 1997 Dwi/Felony Prior Record Level Amendment To The Structured Sentencing Act: State Of North Carolina V. Tanya Watts Gentry, William Thomas Kesler Jr.
Ramifications Of The 1997 Dwi/Felony Prior Record Level Amendment To The Structured Sentencing Act: State Of North Carolina V. Tanya Watts Gentry, William Thomas Kesler Jr.
Campbell Law Review
It is the purpose of this note to examine pertinent general statutes and case law to determine whether using previous DWI convictions as both elements in habitual impaired driving and towards the defendant's prior record level is truly "contrary to the laws of this state". First, this note will look at the 1997 amendment to the Structured Sentencing Act, and how its effects led to the controversy in Gentry. Next, this note will examine an overview of North Carolina's jurisprudence of the habitual felon statutes and the habitual impaired driving statute in order to provide a look at the attitude …