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Sherlock Holmes and Copyright Law: Elementary, my dear Watson

February 3, 2014

Each time Sir Arthur Conan Doyle’s fictional detective Sherlock Holmes faced an especially challenging problem, he called it “a five pipe problem.”  By this, Holmes meant that finding a solution was difficult enough to keep him up through the night, enough time for him to fill his pipe with tobacco five times.  The legal problems that arose before Sherlock Holmes was added to the public domain in the United States are complicated enough to be dubbed “five pipe problems.”  Over 125 [...]

“By Force If Necessary:” Administering drugs to defendants unfit to stand trial

January 30, 2014

On December 24, 2013, the Court of Appeals for the DC Circuit affirmed an order authorizing medication to be administered to Simon Dillon “by force if necessary” so that he would be competent to stand trial.  By weighing the government’s prosecutorial interests above “special circumstances,” the Court’s opinion examines forcibly medicating a defendant to restore his competency. It is not morally acceptable to punish a defendant who does not understand why he is being punished. [...]

Why are all of the teachers so mad?

January 29, 2014

North Carolina educators are upset about the state of their profession, and they are taking their concerns from classroom to courtroom to get their voices heard. [...]

Federal Appellate Court removes trial judge from stop-and-frisk case

January 28, 2014

In October 2013, the U.S. Court of Appeals for the Second Circuit blocked Judge Shira Scheindlin’s order requiring changes to the New York Police Department’s stop-and-frisk program and removed Judge Scheindlin from the case.  In August, after a two-month trial, Scheindlin ruled that the NYPD not only violated the Fourth Amendment’s guarantee against unreasonable searches and seizures, but had also violated the Fourteenth Amendment by resorting to a “policy of indirect racial [...]

Copyright in the Internet Age: Choice-of-law issues in modern international media disputes

January 27, 2014

BY: KRISTOPHER HAWKINS, Guest Contributor  Editor’s Note: The Campbell Law Observer has partnered with Judge Paul C. Ridgeway, Resident Superior Court Judge of the 10th Judicial District, to provide students from his International Business Litigation and Arbitration seminar the opportunity to have their research papers published with the CLO.  The following article is one of many guest contributions from Campbell Law students to be published over the next two weeks. The advent of [...]

Seeking justice from Chinese hackers: Attacking N.C. businesses byte by byte

January 27, 2014

Editor’s Note: The Campbell Law Observer has partnered with Judge Paul C. Ridgeway, Resident Superior Court Judge of the 10th Judicial District, to provide students from his International Business Litigation and Arbitration seminar the opportunity to have their research papers published with the CLO.  The following article is one of many guest contributions from Campbell Law students to be published over the next two weeks. Imagine a local software corporation in North Carolina is [...]

12.11.2013 Order of Discipline – Censure [Wayne County]

January 22, 2014

James Thomas Brown was censured for his role as closing attorney in certain real estate transactions that occurred from 2004 to 2006.  In total, there were nine real estate transactions at issue, all of which were purchase transactions.  In his role as the closing attorney, however, Brown prepared HUD-1 Settlement Statements falsely indicating that the transactions were refinance loans rather than purchase transactions. Brown prepared and submitted the false HUD-1 statements at the [...]

11.27.2013 Consent Order of Discipline – Suspension [Brunswick County]

January 22, 2014

Susan Saturno was retained to perform a real estate closing on a residential refinance transaction.  As the closing attorney, Saturno represented both the homeowner and the lending institution.  Though the lending institution requested that Saturno have the homeowner execute a “Road Maintenance Agreement,” Saturno failed to have the homeowner execute the agreement at the closing.  Following the closing, Saturno herself signed the homeowner’s name to the agreement.  Ultimately, the [...]

11.26.2013 Consent Order of Discipline – Suspension [Beaufort County]

January 22, 2014

Edwin M. Hardy was disciplined for various recordkeeping issues pertaining to his client trust account.  Specifically, Hardy failed to: conduct monthly and quarterly reconciliations of his attorney trust account; maintain ledgers for each client for whom funds were received in the trust account; accurately record the date of deposit on client ledgers; and provide written accountings to clients with funds in the trust account for more than twelve months. Additional missteps included Hardy’s [...]

11.21.2013 Consent Order of Discipline – Suspension [Rowan County]

January 22, 2014

William “Trippe” McKeny was disciplined for various grievances related to his client trust account, many of which involved McKeny’s failure to properly maintain records relating to the trust account.  Additionally, McKeny received payments from clients via credit card; these payments were credited directly to the client trust account.  The credit card processing fees were debited from the trust account, resulting in entrusted funds being used to satisfy McKeny’s obligations to the [...]
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