Open Access. Powered by Scholars. Published by Universities.®
- Discipline
-
- State and Local Government Law (20)
- Criminal Law (15)
- Courts (13)
- Constitutional Law (12)
- Social and Behavioral Sciences (12)
-
- Administrative Law (8)
- Criminal Procedure (8)
- Civil Procedure (7)
- Environmental Law (7)
- Labor and Employment Law (7)
- Legislation (7)
- Public Affairs, Public Policy and Public Administration (7)
- Judges (6)
- Juvenile Law (6)
- Law and Race (6)
- Arts and Humanities (5)
- Estates and Trusts (5)
- Law and Society (5)
- Legal History (5)
- Legal Profession (5)
- Property Law and Real Estate (5)
- Civil Rights and Discrimination (4)
- Contracts (4)
- Education Law (4)
- Evidence (4)
- Family Law (4)
- Health Law and Policy (4)
- Land Use Law (4)
- Legal Education (4)
- Institution
-
- University of Michigan Law School (25)
- Campbell University School of Law (6)
- SelectedWorks (6)
- Duke Law (5)
- American University Washington College of Law (4)
-
- Selected Works (4)
- University of Richmond (4)
- North Carolina Central University School of Law (3)
- Pepperdine University (3)
- Touro University Jacob D. Fuchsberg Law Center (3)
- University of Colorado Law School (3)
- Maurer School of Law: Indiana University (2)
- New York Law School (2)
- Notre Dame Law School (2)
- St. Mary's University (2)
- University of Oklahoma College of Law (2)
- Washington and Lee University School of Law (2)
- West Virginia University (2)
- William & Mary Law School (2)
- Barry University School of Law (1)
- Belmont University (1)
- Brooklyn Law School (1)
- Chicago-Kent College of Law (1)
- Claremont Colleges (1)
- Georgia State University College of Law (1)
- Lewis & Clark Law School (1)
- Liberty University (1)
- North Carolina Agricultural and Technical State University (1)
- Osgoode Hall Law School of York University (1)
- Southern Adventist University (1)
- Publication Year
- Publication
-
- Michigan Law Review (21)
- Campbell Law Review (6)
- Faculty Scholarship (4)
- Journal of the National Association of Administrative Law Judiciary (3)
- Law Faculty Publications (3)
-
- NCCU Environmental Law Review (3)
- American University Journal of Gender, Social Policy & the Law (2)
- Andrew P. Morriss (2)
- Journal Articles (2)
- Tamar R Birckhead (2)
- Touro Law Review (2)
- University of Michigan Journal of Law Reform (2)
- West Virginia Law Review (2)
- American Indian Law Review (1)
- American Indian and Alaskan Native Documents in the Congressional Serial Set: 1817-1899 (1)
- Andrew P. Owens (1)
- Animal Law Review (1)
- Anthony J Cuticchia (1)
- Articles (1)
- Articles & Chapters (1)
- Articles by Maurer Faculty (1)
- Broadus R. Littlejohn, Jr. Manuscript and Ephemera Collection (1)
- Brooklyn Law Review (1)
- Chicago-Kent Law Review (1)
- Child and Family Law Journal (1)
- Community-Owned Forests: Possibilities, Experiences, and Lessons Learned (June 16-19) (1)
- Dissertations (1)
- Duke Law Master of Judicial Studies Theses (1)
- Faculty Articles (1)
- Faculty Journal Articles and Book Chapters (1)
- Publication Type
- File Type
Articles 31 - 60 of 105
Full-Text Articles in Law
Rationalizing Voter Suppression: How North Carolina Justified The Nation's Strictest Voting Law, Megan C. Raymond
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, I …
New Paths For The Court: Protections Afforded Juveniles Under Miranda; Effective Assistance Of Counsel; And Habeas Corpus Decisions Of The Supreme Court’S 2010/2011 Term, Richard Klein
Richard Daniel Klein
No abstract provided.
Book Review: Errol Morris, “A Wilderness Of Error”: Provocative But Unpersuasive, Richard C. Cahn
Book Review: Errol Morris, “A Wilderness Of Error”: Provocative But Unpersuasive, Richard C. Cahn
Touro Law Review
No abstract provided.
Striving For Efficiency In Administrative Litigation: North Carolina's Office Of Administrative Hearings, Julian Mann Iii
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.
North Carolina’S Superintendent Of Public Instruction: Defining A Constitutional Office, Andrew P. Owens
North Carolina’S Superintendent Of Public Instruction: Defining A Constitutional Office, Andrew P. Owens
Andrew P. Owens
In 2009 a superior court case determined the fate of the Governor’s initiative to streamline education leadership by promoting a State Board of Education member while greatly reducing the Superintendent of Public Instruction’s powers. The judge’s decision in favor of Superintendent Atkinson turned on “the inherent constitutional authority” of her office; yet no one really knows what authority is inherent to the office, where that authority derives, or how to go about analyzing the office’s constitutional role. In short: what does it mean to be the Superintendent of Public Instruction? This paper explains the origins and meaning of the Superintendent …
How Uncertainty In The Redrawing Of School Districts Affects Housing Prices, A Case Study: Comparing Neighborhoods In Charlotte, North Carolina And Columbia, Maryland, Kristen Ulan
University of Baltimore Journal of Land and Development
No abstract provided.
Surviving Implicit Bias: Why The Appellate Court's Interpretation Of The 2012 Amendment To The Racial Justice Act Will Be A Life Or Death Decision For North Carolina Death Row Prisoners, Ali Eacho
American University Journal of Gender, Social Policy & the Law
No abstract provided.
Simplifying The Standard Of Review In North Carolina Administrative Appeals, Sarah H. Ludington
Simplifying The Standard Of Review In North Carolina Administrative Appeals, Sarah H. Ludington
Faculty Scholarship
No abstract provided.
Gatewood, Williamson (Sc 595), Manuscripts & Folklife Archives
Gatewood, Williamson (Sc 595), Manuscripts & Folklife Archives
MSS Finding Aids
Finding aid and scans (Click on "Additional Files" below) for Manuscripts Small Collection 595. Legal papers, including license, 1808, copy of patent, 1812, with attached drawing of machine for shelling corn invented by Paul Pilsbury in 1803, and papers pertaining to lawsuit which evolved from the purchasing of the license by Williamson Gatewood of Bowling Green, Kentucky, for rights to sell the machine south of the Green River in Kentucky, 1812-1815. From Warren County Circuit Court Records #149.
Constitutionality Of Section 90-21.85 Of The North Carolina Woman’S Right To Know Act, Jerry Boies
Constitutionality Of Section 90-21.85 Of The North Carolina Woman’S Right To Know Act, Jerry Boies
Jerry Boies
In order to obtain informed consent and provide adequate and accurate information to pregnant women seeking to have abortions, the North Carolina General Assembly passed House Bill 854 titled the ‘Woman’s Right to Know Act,’ (“the Act”). The Act went to effect on Wednesday October 26, 2011, notwithstanding North Carolina Governor Beverly Perdue’s veto of the Bill. The Act comprehensively covers many aspects of the abortion process ranging from requiring the physician or qualified professionals to provide certain information to the pregnant woman to recommending that the pregnant woman listen to ultrasound of the unborn before undergoing the abortion procedure. …
Ripening On The Vine: North Carolina's Renewable Energy And Energy Efficiency Portfolio Standard Should Be Left Unchanged Ahead Of 2012 Compliance Deadline, Patrick Thomas Buffkin, Bob W. Kaylor
Ripening On The Vine: North Carolina's Renewable Energy And Energy Efficiency Portfolio Standard Should Be Left Unchanged Ahead Of 2012 Compliance Deadline, Patrick Thomas Buffkin, Bob W. Kaylor
Patrick Thomas Buffkin
This article focuses on North Carolina’s renewable energy and energy efficiency portfolio standard (REPS) statute. The REPS statute stands out as the first enacted by a Southeastern state. Moreover, the implementation of the REPS statute in North Carolina presents an opportunity for understanding energy policy in a state that grew by 18.5% from 2000-2010 to become the 10th most populous in the nation. This article examines the development and implementation of the REPS as the first important compliance deadline approaches in 2012. First, the article provides a case study of the legislative process to inform state and federal policy-makers of …
The Promise Of A Cooperative And Proportional Discovery Process In North Carolina: House Bill 380 And The New State Electronic Discovery Rules, Brian C. Vick, Neil C. Magnuson
The Promise Of A Cooperative And Proportional Discovery Process In North Carolina: House Bill 380 And The New State Electronic Discovery Rules, Brian C. Vick, Neil C. Magnuson
Campbell Law Review
Using the experience of the federal courts under the 2006 Amendments as a guide, this Article examines H.B. 380 and the effect it will have on the discovery process in the state courts. Part I of this Article describes the litigation challenges created by the proliferation of ESI. Part II describes the history, structure and substance of the 2006 Amendments, and discusses their impact in the areas of cooperation and the use of proportionality principles in the federal courts. Part III describes the substance and structure of the rules changes encompassed by H.B. 380, and analyzes the effect that they …
Sacrificing Liberty For Security: North Carolina's Unconstitutional Search And Seizure Of Arrestee Dna, Michael J. Crook
Sacrificing Liberty For Security: North Carolina's Unconstitutional Search And Seizure Of Arrestee Dna, Michael J. Crook
Campbell Law Review
This Comment examines the constitutionality of North Carolina’s DNA Database Act of 2010. The Act is a newly passed expansion of the existing state DNA database, and this Comment argues that North Carolina’s expansion authorizes a constitutionally impermissible, mandatory, suspicionless, and warrantless search and seizure of DNA and the information contained therein. With warrantless searches, the default rule is that they are “per se unreasonable under the Fourth Amendment— subject only to a few specifically established and well-delineated exceptions.” The Act should not survive Fourth Amendment scrutiny because it does not qualify as a well-delineated exception to the warrant requirement: …
Preface, Paul A. Lombardo
Preface, Paul A. Lombardo
Paul A. Lombardo
Introduction to a volume chronicling the 20th Century North Carolina eugenic sterilization program and the investigative journalism that prompted the state to apologize for it
The Sheathed Sword: Union Efficacy In Nonbargaining States, Ann C. Hodges
The Sheathed Sword: Union Efficacy In Nonbargaining States, Ann C. Hodges
Law Faculty Publications
Section I of this article briefly reviews the law in Virginia and North Carolina. Section II examines, in detail, many of the strategies and tactics unions have utilized, both successfully and unsuccessfully, in Virginia and North Carolina. Section III discusses the overwhelming challenges that public-sector unions, despite their success, still face under the laws and political climate in hostile states. Finally, section IV offers a brief analysis of how unions in other states that prohibit or severely limit collective bargaining can emulate their successes and learn from their failures.
The Sheathed Sword: Public-Sector Union Efficacy In Non-Bargaining States, William Warwick
The Sheathed Sword: Public-Sector Union Efficacy In Non-Bargaining States, William Warwick
Law Student Publications
Section I of this article briefly reviews the law in Virginia and North Carolina. Section II examines, in detail, many of the strategies and tactics unions have utilized, both successfully and unsuccessfully, in Virginia and North Carolina. Section III discusses the overwhelming challenges that public-sector unions, despite their success, still face under the laws and political climate in hostile states. Finally, *277 section IV offers a brief analysis of how unions in other states that prohibit or severely limit collective bargaining can emulate their successes and learn from their failures.
Voiding Motherhood: North Carolina's Shortsighted Treatment Of Subject Matter Jurisdiction In Boseman V. Jarrell, Susanna Birdsong
Voiding Motherhood: North Carolina's Shortsighted Treatment Of Subject Matter Jurisdiction In Boseman V. Jarrell, Susanna Birdsong
American University Journal of Gender, Social Policy & the Law
No abstract provided.
Shaken Baby Syndrome As Felony Murder In North Carolina, Derick R. Vollrath
Shaken Baby Syndrome As Felony Murder In North Carolina, Derick R. Vollrath
Campbell Law Review
This Article argues that the North Carolina criminal law’s treatment of Shaken Baby Syndrome should be reformed. Rather than leaving in place a legal regime that allows the state to prosecute all Shaken Baby Syndrome cases as first-degree murder, the law should distinguish between accidental and purposeful killings. If the state wishes to punish Shaken Baby Syndrome cases with special severity, the General Assembly should make this policy choice explicit. In making this argument, this Article proceeds in three parts. First, this Article examines how and why North Carolina subjects all Shaken Baby Syndrome deaths to prosecution as first-degree murder. …
Minor's Personal Injury Actions And Settlements In North Carolina, John M. Kirby
Minor's Personal Injury Actions And Settlements In North Carolina, John M. Kirby
Campbell Law Review
This Article addresses the issues that are peculiar to claims of minors in North Carolina. Persons who are the age of majority prosecute and settle claims that raise numerous substantive and procedural issues. These issues can be compounded, however, when the claimant is a minor. The distinct issues that arise with a minor’s claim include: that a minor is often held to a different standard of conduct; that other persons are held to a higher or different standard of conduct toward a minor; that other persons may have a duty to protect the minor; that courts generally protect the interests …
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 …
New Paths For The Court: Protections Afforded Juveniles Under Miranda; Effective Assistance Of Counsel; And Habeas Corpus Decisions Of The Supreme Court’S 2010/2011 Term, Richard Klein
Touro Law Review
No abstract provided.
Maintaining Union Resources In An Era Of Public Sector Bargaining Retrenchment, Ann C. Hodges
Maintaining Union Resources In An Era Of Public Sector Bargaining Retrenchment, Ann C. Hodges
Law Faculty Publications
This article will look first at the law relating to payroll deduction of dues in Virginia and North Carolina and in several of the . states that have newly restrictive bargaining laws. The article will then discuss the significance of payroll ,deduction of union dues for effective representation of unionized employees. Next the article will analyze the existing law relating to constitutional challenges to statutory limitations on payroll deduction, along with the current legal challenge to the Wisconsin statute. Finally the article will consider how unions might maintain payroll deduction of union dues. The article concludes that while in some …
Elder Economic Security Initiative™: The Elder Economic Security Standard™ Index For North Carolina, Gerontology Institute, University Of Massachusetts Boston, Wider Opportunities For Women
Elder Economic Security Initiative™: The Elder Economic Security Standard™ Index For North Carolina, Gerontology Institute, University Of Massachusetts Boston, Wider Opportunities For Women
Gerontology Institute Publications
This report addresses income adequacy for North Carolina’s older adults using the national WOW-GI National Elder Economic Security Standard Index (Elder Index) methodology. The Elder Index benchmarks basic costs of living for elder households and illustrates how costs of living vary geographically and are based on the characteristics of elder households, including household size, home ownership or renter status and health status. The costs are based on market costs for basic needs of elder households and do not assume any public or private supports.
Rodney King And The Decriminalization Of Police Brutality In America: Direct And Judicial Access To The Grand Jury As Remedies For Victims Of Police Brutality When The Prosecutor Declines To Prosecute, Peter L. Davis
Peter L. Davis
This Article begins with the premise that, despite political rhetoric and occasional prosecutions to the contrary, police brutality has been effectively decriminalized in this country. The Article adopts the Rodney King case as the paradigm for examining this phenomenon. Scrutinizing the culture and semantics of police brutality, the author concludes that a double standard of criminality exists in the United States, under which different rules apply to a police than to everyone else. This double standard is socially dysfunctional. Particularly among minorities, it leads to a sense of cynicism about our legal system that can result in civil disorder when …
Rothgery V. Gillespie County: Applying The Supreme Court's Latest Sixth Amendment Jurisprudence To North Carolina Criminal Procedure, Rebecca Yoder
Rothgery V. Gillespie County: Applying The Supreme Court's Latest Sixth Amendment Jurisprudence To North Carolina Criminal Procedure, Rebecca Yoder
Campbell Law Review
Despite the Court's efforts in Rothgery to shore up a "bright-line rule" for attachment based upon prior case law, the contours of the Sixth Amendment right to counsel are still somewhat obscure. To understand the impact of the Court's holding, each state will need to assess its criminal procedure and identify how to reconcile the Court's holding with current practices. This Comment identifies two areas of North Carolina criminal procedure that have been impacted by the Court's holding in Rothgery: (1) the expanded scope of a defendant's protection under the Sixth Amendment during police questioning under Rothgery; and (2) Rothgery's …
Ignoring The Legal History Of North Carolina In The Supreme Court’S Interpretation Of The Second Amendment To The United States Constitution., A. Jamie Cuticchia
Ignoring The Legal History Of North Carolina In The Supreme Court’S Interpretation Of The Second Amendment To The United States Constitution., A. Jamie Cuticchia
Anthony J Cuticchia
With the Supreme Court's ruling in the District of Columbia v. Heller, it calls into question the manner and method of constitutional interpretation applied by the court. In this paper I examine their analysis of the Second Amendment in the light of the how the North Carolina framers of the Constitution would likely have interpreted it.
The Unmerry Widow: Spousal Disinheritance And Life Insurance In North Carolina, Jeffrey S. Kinsler
The Unmerry Widow: Spousal Disinheritance And Life Insurance In North Carolina, Jeffrey S. Kinsler
Law Faculty Scholarship
In spite of our nation’s long-held public policy of protecting surviving spouses, some people purposely disinherit their spouses. For centuries, North Carolina more or less tolerated intentional spousal disinheritance. In 1959, in an effort to protect surviving spouses from deliberate disinheritance, North Carolina adopted a “right of dissent” statute that authorized a surviving spouse to renounce the decedent spouse’s will and receive a statutorily prescribed share (ranging from one-sixth to one-half) of the decedent spouse’s probate estate. Because the dissent statute was limited to the decedent spouse’s probate estate, it was easily circumvented through the use of non-probate transfers. In …
Choosing Those Who Will Die: The Effect Of Race, Gender, And Law In Prosecutorial Decision To Seek The Death Penalty In Durham County, North Carolina, Isaac Unah
Michigan Journal of Race and Law
District prosecutors in the United States exercise virtually unfettered power and discretion to decide which murder cases to prosecute for capital punishment. According to neoclassical theory of formal legal rationality, the process for determining criminal punishment should be based upon legal rules established and sanctioned by the state to communicate the priorities of the political community. The theory therefore argues in favor of a determinate mode of decision-making that diminishes the importance of extrinsic elements such as race and gender in the application of law. In the empirical research herein reported, I test this theory using death eligible cases in …
The Right Thing For Juveniles, Tamar R. Birckhead
The Right Thing For Juveniles, Tamar R. Birckhead
Tamar R Birckhead
This op-ed argues that the upper age of juvenile court jurisdiction in North Carolina should be raised from 16 to 18.
North Carolina, Juvenile Court Jurisdiction, And The Resistance To Reform, Tamar R. Birckhead
North Carolina, Juvenile Court Jurisdiction, And The Resistance To Reform, Tamar R. Birckhead
Tamar R Birckhead
North Carolina is the only state in the United States that treats all sixteen- and seventeen-year-olds as adults when they are charged with criminal offenses and then denies them the ability to appeal for return to the juvenile system. Thirty-seven states cap juvenile court jurisdiction at age eighteen, while ten do so at seventeen. In addition, as reflected by international treaties and instruments, many nations of the world consider eighteen to be the most appropriate age for delineating between juvenile and adult court jurisdiction. Not surprisingly, the consequences of North Carolina's scheme for prosecuting minors can be particularly severe. The …