Topics

Investigations into the Policies, Procedures, and Practices of the N.C. SBI Forensic Laboratory

May 7, 2012

In March 2010, North Carolina Attorney General Roy Cooper commissioned former FBI agents Chris Swecker and Michael Wolf to investigate the policies, procedures, and practices of the SBI forensic laboratory. The state mandated independent review of the North Carolina SBI forensic laboratory occurred after questions arose as to whether lab serologists improperly withheld or incorrectly recorded lab results in criminal investigations. The investigation, covering the years between 1987 and 2003, [...]

Is Your Smartphone Smart Enough to Evade the Police?

April 20, 2012

With each new generation of the iPhone or the release of a new Android application, the capabilities of cell phones and the information they can store increase exponentially. In a time of ever-growing technology and intense competition for a piece of the market share, even the “dumbest” of smartphones may contain an array of personal, often private, information. And although tech-savvy users may think information on cell phones is safe from police searches, changes are coming in areas [...]

Groupon or Groupoff? Ethics Rules and Practical Considerations for Lawyers

April 18, 2012

In 1977, the United States Supreme Court in Bates v. Arizona State Bar held lawyers have a right to advertise their services.  However, this right is subject to additional rules and regulations.  In North Carolina legal advertisements must conform to the North Carolina State Bar’s Rules of Professional Conduct 7.1 through 7.5.  The nature of advertising is changing though.  The State Bar confirmed in Formal Ethics Opinion 10 in October 2011 that in addition to traditional forms of [...]

Objection, Hearsay :(

April 17, 2012

As lawyers (or aspiring lawyers) we pride ourselves on our ability to interpret language or the intended meaning behind various assertions.  Let’s put this skill to a little test. Consider the following two text messages from John: 1) “I don’t know if Bubba will be able to make it to the a golf course today… apparently his back is still hurting,” and 2) “I don’t know if Bubba will be able to make it to the golf course today… apparently his back is still hurting ;-).” Now [...]

Regulation of Commercial Breeders: Timely & Needed or Unnecessary & Burdensome?

April 17, 2012

In 2009, North Carolina Senate Bill 460 (SB 460), sponsored by Senator Don Davis, made its first appearance in the state legislative session.  The so-called “puppy-mill bill” sought to define and regulate commercial breeders within the state.  The bill would have defined a commercial breeder as “any person who owns or maintains 15 or more intact female dogs of breeding age, and 30 or more puppies primarily for the purpose of sale.”  Regulation of the practice would have occurred [...]

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 [...]

The Future of Fracking in North Carolina

April 16, 2012

Why North Carolina? North Carolina is situated in the middle of a controversial debate about the extraction of natural gas, which can be used as an energy resource.  Hydraulic fracturing, known colloquially as fracking, has been the center of discussion among community leaders, lawmakers, and activists as the North Carolina General Assembly continues to study the effects of this new technology used to extract natural gas from shale rock formations.  The practice could soon come to central [...]

Could the Very Presence of a Marked Patrol Car Create Probable Cause to Stop?

April 11, 2012

As you are driving down the road a police car pulls behind you, you instantaneously glance down at your speedometer to make sure you are abiding by the speed limit.  Immediately you become paranoid and clinch the steering wheel tighter; every three seconds you look up at your rear-view mirror watching ever so closely the police car trailing behind you.  Does this feeling of apprehension and fear aid in your ability to drive?  For some motorists probably not, especially when the marked patrol [...]

Ousting a District Attorney: What Happened to Tracey Cline

April 10, 2012

 On March 2, 2012, Durham District Attorney Tracey Cline was removed from office.  A portion of Judge Robert Hobgood’s order removing Cline read as follows: “Tracey E. Cline has lost the confidence of the attorneys and the public necessary to continue as an effective District Attorney for Durham County . . .  By recklessly making blatantly false allegations against Judge Hudson in public record totally lacking in factual support, attacking his morality, honesty and asserting that he is [...]

Big Pond vs. Small Pond: Why Law School Graduates Should Consider Practicing in Small Communities

April 10, 2012

The time has finally come.  I am days away from graduating from law school, and while words cannot adequately describe my excitement for making it to this point, alive, the lingering question still exists: What’s next? The short answer is a great weekend of celebration with friends and family, followed by two months of bar preparation classes, capped off with the dreaded two-day exam at the end of July.  The long answer is, unfortunately, the same, because I am one of the many graduating [...]

The Reach of an Honor Code: Should Law Students Face Discipline for Serious Offenses Outside the Academic Community?

April 10, 2012

Standard protocol in academia includes the implementation of a code of conduct for matriculating students. These codes, often in the form of a student handbook or manual, typically govern student conduct in the internal community of an academic institution. Law schools have been particularly careful to provide students with an explanation of their rights and responsibilities due to the recognition that law school is a student’s first step toward becoming a member of the legal profession. [...]

North Carolina: No Longer Open For Business

April 10, 2012

Imagine being a ten-year-old child in the foster system, growing up believing that no person truly loves you and feeling as if you are only seen as a quick solution to a monetary need. Feeling lonely and desperate, you run away. Running away seems like a great option because this way, you become your own master, set your own rules, and live or die by your decisions. The circumstances described above are faced by hundreds of young children in North Carolina. Within 48 hours of running away, one [...]

A Cup of Coffee: $3.05; Tuition: $33,400; Legal Education: Priceless

April 10, 2012

Note from the Editor:  Recently, the Campbell Law Observer hosted a write-on competition to recruit new staff writers and editors.  Each student was to discuss the value of a law degree.  As we all know, the value, or perceived value, of a law degree has changed.  Below, you will find the second article in this series. In the summer of 2008, I was living the dream: basking in the glow of beautiful Myrtle Beach, living on a premier golf course and cleaning golf clubs for tips. Did I mention [...]

Professor Tom Anderson Receives 2012 Justice James Iredell Award

April 9, 2012

The first time I had the privilege of hearing Professor Anderson lecture, he made the comment, “You can’t go kicking the beehive and then asking the bees for honey.” It was one of the most brilliant, absurd things I’d ever heard, and I’ll never forget it. I’m sure there are many more “Anderson moments” out there as everyone who has met Professor Anderson—whether in the classroom, the courtroom, or the Carlie-C’s down near Buie’s Creek—has certainly met one of the Greats. [...]

So then, it’s settled: Or is it?

March 29, 2012

It has happened to many lawyers.  After countless hours of negotiations, the parties believe they’ve reached a settlement agreement.  But instead of rejoicing in the resolution, they find themselves locked in renewed conflict after the “deal” falls through. Usually this happens for one of three reasons.  Sometimes the parties fail to recognize the importance of details that could doom the agreement.  Some agreements, for example, have significant zero-sum tax consequences for the [...]
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