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Full-Text Articles in Law

The Struggle For Judicial Independence In Antebellum North Carolina: The Story Of Two Judges, Walter F. Pratt Jan 1986

The Struggle For Judicial Independence In Antebellum North Carolina: The Story Of Two Judges, Walter F. Pratt

Journal Articles

The Supreme Court of North Carolina is an anomaly among state courts in the antebellum years. In a period dominated by democratic reforms of state government, the court did not merely survive unscathed it actually increased its independence. The remarkable success of this court is largely attributable to the personal reputations and political acumen of two of its judges, Thomas Ruffin and William Gaston. Without those two men it is likely that the Supreme Court would have been abolished in a wave of democratic reforms that peaked in North Carolina with the constitutional amendments of 1835.


Child Custody - Jurisdiction And Procedure, Christopher L. Blakesley Jan 1986

Child Custody - Jurisdiction And Procedure, Christopher L. Blakesley

Scholarly Works

Custody determinations traditionally have comprised a subcategory of litigation under the Pennoyer v. Neff exception for proceedings relating to status. Of course, states have the power to decide the status of their domiciliaries. It was natural, therefore, for the courts and scholars of the nineteenth and early twentieth centuries to consider domicile the sole basis of jurisdiction in custody matters. Gradually, judges and scholars began to challenge the notion that domicile was the sole basis and courts began to apply other bases, such as the child's presence in the state or personal jurisdiction over both parents. One commentator suggests that …


State Constitutions And Statutes As Sources Of Rights For The Mentally Disabled: The Last Frontier?, Michael L. Perlin Jan 1986

State Constitutions And Statutes As Sources Of Rights For The Mentally Disabled: The Last Frontier?, Michael L. Perlin

Articles & Chapters

No abstract provided.