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North Carolina

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Articles 1 - 30 of 84

Full-Text Articles in Law

North Carolina Cafos: An Example Of Why The United States Needs To Recognize The Right To Safe, Clean Drinking Water, Maggie Horstman Jan 2021

North Carolina Cafos: An Example Of Why The United States Needs To Recognize The Right To Safe, Clean Drinking Water, Maggie Horstman

Human Rights Brief

No abstract provided.


Hog Farms: How Far Can The Legislature Go In Reducing Nuisance Actions?, John D. Runkle, Erin Lowder Oct 2020

Hog Farms: How Far Can The Legislature Go In Reducing Nuisance Actions?, John D. Runkle, Erin Lowder

NCCU Environmental Law Review

No abstract provided.


Who's Going To Pay For The Next Dam Disaster? The Complex Issues Emergency Managers Fact When Dealing With North Carolina's Failing Dam Infrastructure Communities, Stacy Hannah Oct 2020

Who's Going To Pay For The Next Dam Disaster? The Complex Issues Emergency Managers Fact When Dealing With North Carolina's Failing Dam Infrastructure Communities, Stacy Hannah

NCCU Environmental Law Review

No abstract provided.


North Carolina's Dueling Property Rights Interests: Water And Hydraulic Fracturing, Rupa Russe Oct 2020

North Carolina's Dueling Property Rights Interests: Water And Hydraulic Fracturing, Rupa Russe

NCCU Environmental Law Review

No abstract provided.


Justice For All? An In-Depth Look At Sexual Assault Kit Testing In The Carolinas, Jessalynn C. King Jul 2020

Justice For All? An In-Depth Look At Sexual Assault Kit Testing In The Carolinas, Jessalynn C. King

Senior Theses

Within the last few decades, technological advancements and an improved understanding of biological materials have led to an increase in evidence that can be submitted for forensic testing in criminal justice investigations. In a sexual assault investigation, a sexual assault kit (SAK) is often collected and contains the evidence found on the victim’s or suspect’s person. While the true total is unknown, it is estimated that several hundred thousand untested SAKs remain in the custody of law enforcement and forensic crime laboratories across the United States. Whether these SAKs were neglected due to law enforcement bias, the prioritization ...


Challenging Voting Rights And Political Participation In State Courts, Irving Joyner Oct 2019

Challenging Voting Rights And Political Participation In State Courts, Irving Joyner

The Scholar: St. Mary's Law Review on Race and Social Justice

Abstract forthcoming


Save Our Sound Obx, Inc. V. North Carolina Department Of Transportation, Mitch L. Werbell V Apr 2019

Save Our Sound Obx, Inc. V. North Carolina Department Of Transportation, Mitch L. Werbell V

Public Land & Resources Law Review

The Fourth Circuit Court of Appeals recently ruled in favor of several governmental agencies seeking to construct a new bridge in the Pamlico Sound adjacent to North Carolina’s Outer Banks. For years, state and federal agencies have put forth a massive coordinated effort to address the constant weather damage and erosion which occurs to a section of North Carolina Highway 12. The court found the agencies properly cleared NEPA’s environmental review requirements for the bridge’s construction. Additionally, the opponent-litigants’ efforts to add claims challenging the project, based on new information about a shipwreck in the bridge’s ...


The Case For A Mandatory Renewable Portfolio Standard In Virginia: A Case Study Examining Virginia’S Potential For A Mandatory Renewable Portfolio Standard By Comparing Virginia To Maryland And North Carolina, Rebecca Wescott Mar 2019

The Case For A Mandatory Renewable Portfolio Standard In Virginia: A Case Study Examining Virginia’S Potential For A Mandatory Renewable Portfolio Standard By Comparing Virginia To Maryland And North Carolina, Rebecca Wescott

William & Mary Environmental Law and Policy Review

Since the early 1980s, states have utilized Renewable Energy Portfolio Standards (“RPSs”) as policy mechanisms to “promote broader investment in renewable energy without requiring passage of a comprehensive energy policy measure that includes a pricing mechanism for carbon.” RPS policies can be drafted in one of two ways: (1) as a mandatory RPS, a legal mandate on what percentage of a state’s power portfolio must come from specific eligible renewable energy sources by a specific date in the future, or (2) as a non-binding or voluntary RPS, a policy goal that recommends that a certain percentage of a state ...


The Metastasization Of Mandatory Arbitration, Alexander J.S. Colvin Feb 2019

The Metastasization Of Mandatory Arbitration, Alexander J.S. Colvin

Chicago-Kent Law Review

Mandatory arbitration procedures have expanded to become a common feature of American employment relations. This article presents the results of a new original survey examining the extent of mandatory arbitration, where it is most commonly used, and which employees it is most likely to affect. Overall, 53.9 percent of private sector business establishments, representing 56.2 percent of nonunion employees, have mandatory arbitration procedures. Larger employers are more likely to have adopted mandatory arbitration, as are workplaces with lower paid employees. Mandatory arbitration is particularly common in California, North Carolina, and Texas, but is widespread nationwide. Class action waivers ...


The Shadows Of Life: Medicaid's Failure Of Health Care's Moral Test, Barak D. Richman, Kushal T. Kadakia, Shivani A. Shah Jan 2019

The Shadows Of Life: Medicaid's Failure Of Health Care's Moral Test, Barak D. Richman, Kushal T. Kadakia, Shivani A. Shah

Faculty Scholarship

North Carolina Medicaid covers one-fifth of the state’s population and makes up approximately one-third of the budget. Yet the state has experienced increasing costs and worsening health outcomes over the past decade, while socioeconomic disparities persist among communities. In this article, the authors explore the factors that influence these trends and provide a series of policy lessons to inform the state’s current reform efforts following the recent approval of North Carolina’s Section 1115 waiver by the Centers for Medicare and Medicaid Services. The authors used health, social, and financial data from the state Department of Health and ...


Cafos: Plaguing North Carolina Communities Of Color, Christine Ball-Blakely Feb 2018

Cafos: Plaguing North Carolina Communities Of Color, Christine Ball-Blakely

Sustainable Development Law & Policy

No abstract provided.


N.C. Medicaid Reform: A Bipartisan Path Forward, Barak D. Richman, Allison Rice Jan 2017

N.C. Medicaid Reform: A Bipartisan Path Forward, Barak D. Richman, Allison Rice

Faculty Scholarship

The North Carolina Medicaid program currently constitutes 32% of the state budget and provides insurance coverage to 18% of the state’s population. At the same time, 13% of North Carolinians remain uninsured, and even among the insured, significant health disparities persist across income, geography, education, and race.

The Duke University Bass Connections Medicaid Reform project gathered to consider how North Carolina could use its limited Medicaid dollars more effectively to reduce the incidence of poor health, improve access to healthcare, and reduce budgetary pressures on the state’s taxpayers.

This report is submitted to North Carolina’s policymakers and ...


Reply To Miriam Baer And Michael Doucette’S Reviews Of Two Models Of Pre-Plea Discovery In Criminal Cases, Jenia I. Turner, Allison D. Redlich Dec 2016

Reply To Miriam Baer And Michael Doucette’S Reviews Of Two Models Of Pre-Plea Discovery In Criminal Cases, Jenia I. Turner, Allison D. Redlich

Washington and Lee Law Review Online

No abstract provided.


The Korean War Through The Eyes Of Ray Deweese, Yulissa Y. Lara Dec 2016

The Korean War Through The Eyes Of Ray Deweese, Yulissa Y. Lara

Korean War

Ray DeWeese was born in Cleveland, TN on May 10, 1928 and has lived in Cleveland most of his life. He enlisted in the Marine Corps at 17 years old and fought towards the end of World War II and went off to be a pilot and officer during the Korean War. This interview depicts Mr.DeWeese’s experience during World War II but digs deeper into the difficulty of being a pilot during the brutal Korean War. As Mr. DeWeese recounts his traumatic experience he emphasizes how his diligent training, hardworking comrades, and his Faith in God got him ...


From Common Core To Charter: The Economic Remedy To Nc Education, Hunter B. Winstead Dec 2016

From Common Core To Charter: The Economic Remedy To Nc Education, Hunter B. Winstead

Senior Honors Theses

Although numerous factors contribute to the decline of North Carolina’s economic prosperity, one of the most prevalent is the waste that occurs through the ineffective funding of education. In the last century, this system has become progressively centralized and bureaucratized which restricts the presence of diversity and hinders economic choice. The purest evidence of this movement is demonstrated through the state’s adoption of the Common Core State Standards (CCSS), an initiative designed to serve as a basis for federal entanglement in education. Proponents of CCSS claimed that the system would accomplish a variety of rigorous educational goals; however ...


The Stereotyped Offender: Domestic Violence And The Failure Of Intervention [Batterer Intervention Program (Bip) Standards Data, As Of 2015], Carolyn B. Ramsey Jun 2016

The Stereotyped Offender: Domestic Violence And The Failure Of Intervention [Batterer Intervention Program (Bip) Standards Data, As Of 2015], Carolyn B. Ramsey

Research Data

These 19 comparative data tables relating to state and local certification standards for batterer intervention programs (BIPs), as of 2015, are electronic Appendices B-T to Carolyn B. Ramsey, The Stereotyped Offender: Domestic Violence and the Failure of Intervention, 120 Penn. St. L. Rev. 337 (2015), available at http://scholar.law.colorado.edu/articles/56/. Appendix A is not reproduced here because it simply contains citations to the state and local standards, but it is published with the journal article.


The Case For Lgbt Equality: Reviving The Political Process Doctrine And Repurposing The Dormant Commerce Clause, Terri R. Day, Danielle Weatherby Jan 2016

The Case For Lgbt Equality: Reviving The Political Process Doctrine And Repurposing The Dormant Commerce Clause, Terri R. Day, Danielle Weatherby

Brooklyn Law Review

As a reaction to the Supreme Court’s historic marriage equality decision earlier this summer, many Southern state legislators opposing the trend toward LGBT-protective laws have proposed legislation that would essentially prohibit municipalities from carving out new antidiscrimination protections for the LGBT community. Conservative Senator Bart Hester spearheaded the passing of one of these “anti” antidiscrimination laws in Arkansas, and states like Texas, West Virginia, Michigan, and Oklahoma are not far behind. These “Hester-type laws” are strikingly similar to the Colorado amendment struck down by the Romer v. Evans Court 20 years ago. Both the Colorado amendment and the new ...


Resistance On Bathrooms, Marriage Sparks Flood Of Litigation, Arthur S. Leonard Jan 2016

Resistance On Bathrooms, Marriage Sparks Flood Of Litigation, Arthur S. Leonard

Other Publications

No abstract provided.


Two Models Of Pre-Plea Discovery In Criminal Cases: An Empirical Comparison, Jenia I. Turner, Allison D. Redlich Jan 2016

Two Models Of Pre-Plea Discovery In Criminal Cases: An Empirical Comparison, Jenia I. Turner, Allison D. Redlich

Faculty Journal Articles and Book Chapters

Our criminal justice system resolves most of its cases through plea bargains. Yet the U.S. Supreme Court has not required that any evidence, even exculpatory or impeachment evidence, be provided to the defense before a guilty plea. As a result, state rules on pre-plea discovery differ widely. While some jurisdictions follow an “open-file” model, imposing relatively broad discovery obligations on prosecutors early in the criminal process, others follow a more restrictive, “closed-file” model and allow the prosecution to avoid production of critical evidence either entirely or until very near the time of trial. Though the advantages and disadvantages of ...


Special-Education Litigation: An Empirical Analysis Of North Carolina's First Tier, Lisa Lukasik Dec 2015

Special-Education Litigation: An Empirical Analysis Of North Carolina's First Tier, Lisa Lukasik

West Virginia Law Review

No abstract provided.


Striving For Efficiency In Administrative Litigation: North Carolina's Office Of Administrative Hearings, Julian Mann Iii Nov 2015

Striving For Efficiency In Administrative Litigation: North Carolina's Office Of Administrative Hearings, Julian Mann Iii

Journal of the National Association of Administrative Law Judiciary

No abstract provided.


Legal Education In North Carolina: A Report For Potential Students, Lawmakers, And The Public, William D. Henderson, Andrew P. Morriss Jul 2015

Legal Education In North Carolina: A Report For Potential Students, Lawmakers, And The Public, William D. Henderson, Andrew P. Morriss

Andrew P. Morriss

No abstract provided.


Legal Education In North Carolina: A Report For Potential Students, Lawmakers, And The Public, William D. Henderson, Andrew P. Morriss Jul 2015

Legal Education In North Carolina: A Report For Potential Students, Lawmakers, And The Public, William D. Henderson, Andrew P. Morriss

Andrew P. Morriss

No abstract provided.


Mapping Coastal Risks And Social Vulnerability: Current Tools And Legal Risks, Lisa Schiavinato, Heather Payne Apr 2015

Mapping Coastal Risks And Social Vulnerability: Current Tools And Legal Risks, Lisa Schiavinato, Heather Payne

Virginia Coastal Policy Center

No abstract provided.


A Case Study On Ethical Decision Making By Legislative Leaders And Their Motion To Approve The North Carolina Charter School Bill Of 2011, Moses Fox Iii Jan 2015

A Case Study On Ethical Decision Making By Legislative Leaders And Their Motion To Approve The North Carolina Charter School Bill Of 2011, Moses Fox Iii

Dissertations

The purpose of this study was to explore the role that equity and ethics played in decision making by examining the perspectives of elected leaders in a case where members of the North Carolina legislature decided to lift the cap on charter schools by enacting the 2011 North Carolina Charter School Bill. The analysis was based on triangulated qualitative data from historical documents, written documents from the state’s legislative library, and interviews from consenting legislative leaders of North Carolina. The researcher used Colaizzi’s (1978) phenomenological data analysis protocol to explore and understand the participants’ lived experiences. Finally, a ...


Skill, Dumb Luck, And The Legal Ambiguity Of North Carolina Sweepstakes Law: Why Municipal Ordinances And Not State Statutes Should Provide The Framework For Regulating Illegal Gambling, Cory H. Howard Oct 2014

Skill, Dumb Luck, And The Legal Ambiguity Of North Carolina Sweepstakes Law: Why Municipal Ordinances And Not State Statutes Should Provide The Framework For Regulating Illegal Gambling, Cory H. Howard

UNLV Gaming Law Journal

No abstract provided.


Exoneration Of Death Row Convict Supports Abolitionists, Lauren Carasik Sep 2014

Exoneration Of Death Row Convict Supports Abolitionists, Lauren Carasik

Media Presence

No abstract provided.


Simplifying The Standard Of Review In North Carolina Administrative Appeals, Sarah H. Ludington May 2014

Simplifying The Standard Of Review In North Carolina Administrative Appeals, Sarah H. Ludington

Journal of the National Association of Administrative Law Judiciary

No abstract provided.


Leadership And Management Training In The North Carolina Judicial System: An Examination Of Identified Need, James E. Hardin Jr. Jan 2014

Leadership And Management Training In The North Carolina Judicial System: An Examination Of Identified Need, James E. Hardin Jr.

Duke Law Master of Judicial Studies Theses

The purpose of this paper is to ask whether North Carolina public service lawyers and judges believe that their judicial districts perform with maximum efficiency or whether there could be functional improvement with leadership and management training for system leaders, and with the perceived need of such training, as articulated by these professionals, what a general training model might look like. A brief examination of the institutionally provided leadership and management training offered to system leaders shows sparse resources are expended to develop leaders and train them so that they have the skills to direct individual organizations and change the ...


Rationalizing Voter Suppression: How North Carolina Justified The Nation's Strictest Voting Law, Megan C. Raymond Jan 2014

Rationalizing Voter Suppression: How North Carolina Justified The Nation's Strictest Voting Law, Megan C. Raymond

Scripps Senior Theses

In recent years, there has been a dramatic increase in instances of Republican-dominated state legislatures proposing changes to election law that some see as protecting electoral integrity and others understand as intended to suppress votes of traditionally Democratic constituencies. This thesis is a detailed collection of the rationales used to justify these changes, as examined through a case study of North Carolina’s enactment of the omnibus Voter Information Verification Act of 2013 (VIVA). By also including the arguments proffered during the legislative process by opponents of the law, and after evaluating the merits of the arguments on both sides ...