Articles by Jim Small, Former Senior Staff Writer

About Jim Small, Former Senior Staff Writer (8 Articles)

Jim graduated from Campbell Law School in 2013 and received his Bachelor of Arts in Prelaw from Bob Jones University in South Carolina. He worked as a Research Assistant to Professor Amy Flanary-Smith, conducted research for McCuiston Law Offices in Cary, NC, and completed an externship in the Research Division of the North Carolina General Assembly.

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Attorney-Client Privilege Versus the Public’s Right to Know

February 20, 2013

A redistricting plan that pleases everyone simply does not exist. As Justice Hudson put it in her dissent to the North Carolina Supreme Court’s most recent redistricting decision, “[R]edistricting litigation is virtually inevitable every ten years. . . .” But the controversy surrounding the General Assembly’s latest redistricting plan posed a unique question for the courts that casts new light on a centuries-old doctrine: the attorney-client privilege. The story begins in early [...]

What happens to digital assets after death?

December 10, 2012

I still prefer the printed word, but for many people, the fastest growing portion of their book and music libraries is stored on devices like the Amazon Kindle or iPod. But what happens to that digital content when the owner dies? More fundamentally, is “owning” an album on iTunes or a book on a Kindle the same as owning a CD or hardcover book? Most people probably do not give much thought to what will happen to these digital assets after death. After all, you say, all the [...]

Virtual Charter Schools on Trial in North Carolina

November 10, 2012

Virtual charter schools have been hailed as an innovation that allows greater flexibility and access to quality education. But critics say this innovation comes at the high price of diverting taxpayer money from traditional “brick and mortar” public schools. The North Carolina State Board of Education has consistently refused to consider virtual charter applications, but a case currently on appeal may give at least one local board a workaround. Charter schools, virtual or otherwise, are [...]

Rent to Illegal Aliens? Landlord, You May be Penalized

August 6, 2012

Recently, the U.S. Supreme Court struck down down several portions of Arizona’s immigration bill, holding that three of the four challenged sections were preempted by federal law. Federal preemption severely limits what state and local governments can do in terms of creating laws intended to identify illegal aliens or punish those who knowingly or recklessly employ, transport or shelter them. Even state laws that directly copy federal law are held preempted, because Congress has “occupied [...]

Will partnering with the private sector fix the NC Zoo’s financial problems?

July 9, 2012

A bill to create a public-private partnership between the North Carolina Department of Natural Resources (DENR) and the North Carolina Zoological Society did not garner enough support to pass the legislature during the short session, but we have not heard the last on this issue. Dr. David Jones, Director of the NC Zoo in Asheboro since 1994, told the Asheboro Courier Tribune that the setback was disappointing, but at least the efforts in the short session brought the serious financial needs of [...]

Helping Needy Kids or Destroying Public Education? Tax Credits for Donations to Scholarship Funding Organizations

June 18, 2012

If House Bill 1104 becomes law, North Carolina will become the tenth state to grant tax credits for donations to what are called “scholarship funding organizations” – nonprofit organizations that give scholarships or tuition grants to economically disadvantaged children in public schools to allow them to attend the private school of their choice. The concept seems appealing, but the bill has sharply divided the General Assembly along party lines. Its Republican proponents assert that [...]

Stand Your Ground, But Only If Reasonably Necessary

May 20, 2012

In a previous article, the Campbell Law Observer discussed the recent changes to North Carolina’s “castle doctrine,” which created a statutory presumption of a reasonable fear of imminent death or serious bodily harm when a person uses deadly force to defend himself in his home, vehicle, or workplace. These changes were part of a larger act which made several modifications to various laws governing the use of defensive force and the right to own, possess, or carry firearms. For the [...]

Is a Man’s Home Really His Castle?

April 17, 2012

The nationwide outcry over the recent shooting of seventeen-year-old Trayvon Martin by a neighborhood watch coordinator in Florida has renewed the public debate about self defense laws. Collectively referred to as the “castle doctrine,” states have enacted various forms of statutes that permit homeowners to use deadly force in defending themselves against home invaders. In fact, it was Florida’s 2005 castle doctrine statute that spurred many other states to make similar changes to [...]