Content Posted in 2012
"100 by 100", Nelson B. Crisp
A Biblical Theology of Power, Lynn R. Buzzard
A Brief Comment on the Application of the "Contemporary Community Standard" to the Internet, Phillip E. Lewis
A Call to Congress to Amend ERISA Preemption of HMO Medical Malpractice Claims: The Dissatisfactory Distinction between Quality and Quantity of Care, Angela M. Easley
A Christian Law School: Images and Vision, Lynn R. Buzzard
A Convenient Untruth: Fact and Fantasy in the Doctrine of Odious Debts, Sarah Ludington and Mitu Gulati
A Dedication to Dean Willis P. Whichard, I. Beverly Lake Jr.
Advisory Rulings by Administrative Agencies, David L. Dickson
A Fighting Chance for Outlaws: Strict Scrutiny of North Carolinas Felony Firearms Act, Matthew Jordan Cochran
A Fourth Amendment Problem with Probation in North Carolina, Stacy C. Eggers IV
Afternoon Panel Discussion, Professor Andrew Chin, Professor Tim Holbrook, and Professor Benjamin Liu
Afternoon Panel Discussion, Professor Sarah Ludington (Moderator), Professor Michael A. Scaperlanda, Professor C. Scott Pryor, Professor Anthony V. Baker, and Professor John M. Breen
Afternoon Presentation I, Professor Michael A. Scaperlanda
Afternoon Presentation I, C. Scott Pryor Professor
Afternoon Presentation II, Professor Anthony V. Baker
Afternoon Presentation II, Professor John M. Breen
Afternoon Presentations, Professor Andrew Chin, Professor Tim Holbrook, and Professor Benjamin Liu
A Gap in the North Carolina Motor Vehicle Liability Policy Statute: Joint Tortfeasors - When and How Does Underinsured Motorist Coverage Apply?, Elizabeth H. McCullough
A History of Liquor-by-the-Drink Legislation in North Carolina, Michael Crowell
Aid and Comfort: Rasul v. Bush and the Separation of Powers Doctrine in Wartime, Ryan McKaig
Aiming at the Wrong Target: The "Audience Targeting" Test for Personal Jurisdiction in Internet Defamation Cases, Sarah H. Ludington
A Literalist Proposes Four Modest Revisions to UCC Article 3, Timothy R. Zinnecker
Allowing Perpetuities in North Carolina, John V. Orth
A Matter of Interpretation: Federal Courts and the Law, Richard T. Bowser
Amendments to the PHRMA Code on Interactions with Healthcare Professionals, Howard Dorfman
America’s Sizzling Summer of Espionage Enforcement has Roots in Obscure Registration Laws that Govern Foreign Intercourse, Amos N. Jones
A Morass of Confusion and Inconsistency: The Application of the Doctrine of Nullum Tempus Occurrit Regi in North Carolina, Thomas R. Young
An Analysis of the Retaliatory Employment Discrimination Act and Protected Activity under the Occupational Safety and Health Act of North Carolina, Dr. Michael R. Smith
Ancient Legal Maxims and Modern Human Rights, Dr. J. Stanley McQuade
Ancient Legal Maxims and Modern Human Rights, J. Stanley McQuade
And Now for Something Completely Different: Spendthrift, Discretionary, and Protective Trusts in North Carolina and the Federal Tax Lien, Philip Z. Brown
An Eagle Soaring: The Jurisprudence of Justice Antonin Scalia, Autumn Fox and Stephen R. McAllister
A New Bright Line Rule for General Construction Contractors - Brady v. Fulghum, Kimberly Ann Kelly
A New Exception to the Exclusivity Provision of the North Carolina Workers' Compensation Act - Woodson v. Rowland, Debbie Collins
A New Rule for Consent Judgments in Family Law - Walters v. Walters, H. William Palmer Jr.
A New Test for Trademark Dilution - Why North Carolina Should Adopt Section 12 of the Model State Trademark Bill, Philip Summa
Annual Report of the Dean, Dean Willis P. Whichard
Annual Report of the Dean, Dean Willis P. Whichard
Annual Report of the Dean, Dean Willis P. Whichard
A North Carolina Preview of the Revised (1990) Article 3 of the Uniform Commercial Code, Charles C. Lewis
Another Step Towards Ending Discrimination in the Jury Selection Process - Powers v. Ohio, L. Phillip Hornthal III
Antitrust - Repudiation of the Intraenterprise Conspiracy Doctrine - Copperweld Corp. v. Independence Tube Corp., Ellen M. Gregg
Applied Legal History: Demystifying the Doctrine of Odious Debts, Sarah Ludington, Mitu Gulati, and Alfred L. Brophy
A Practical Interpretation of North Carolina's Comprehensive Plan Requirement, Kenneth G. Silliman
A Primer on Electronic Contracting and Transactions in North Carolina, Richard A. Lord
A Primer on North Carolina and Federal Use of Force Law: Trends in Fourth Amendment Doctrine, Qualified Immunity, and State Law Issues, J. Michael McGuinness
A Reply to Professor Koppelman, William A. Woodruff
A Return to the Basics: Constitutional Answers to the Racial Gerrymandering Questions, Shannon L. Vandiver
A Review of Copyright and the Internet, Needham J. Boddie II, Thomas C. McThenia Jr., Fred B. Amos II, and Douglas W. Kim
A Slash-and-Burn Expedition Through the Law of Environmental Standing - Lujan v. Defenders of Wildlife, Donald Strong Higley II
A Spouse's Right to Control Assets During Marriage: Is North Carolina Living in the Middle Ages?, The Honorable K. Edward Greene
Asset Forfeiture: Giving up Your Constitutional Rights, Douglas Kim
A Story of Privileges and Immunities: From Medieval Concept to the Colonies and United States Constitution, Thomas H. Burrell
A Tribute to a Friend, Colleague, & (and) Brother, Dean James B. McLaughlin
A Tribute to Dean Willis P. Whichard, Jean M. Cary
A Tribute to Dr. Norman Adrian Wiggins: Law School Founder, Friend, Mentor and Leader, Patrick K. Hetrick
A Tribute to F. Leary Davis, Jr., Norman A. Wiggins and Beverly Wheeler Massey
Austin's Intentions: A Critical Reconstruction of His Concept of Legal Science, Richard T. Bowser and J. Stanley McQuade
Automatic Stays and Administrative Expenses: Rights and Remedies Available to Landlords and Tenants in Bankruptcy Proceedings, Judge John M. Tyson
Automobile Insurance Policies Build "Write-Away" Around Frolic and Detour, a Persistent Problem on the Highway of Torts, William A. Wines
Avoidance Strategy: Same-Sex Marriage Litigation and the Federal Courts, William C. Duncan
Back to the Future: The Buyer's Market and The Need for Law Firm Leadership, Creativity and Innovation, F. Leary Davis
Bank Deposits: The Need for an Adverse Claim Statute in North Carolina, J. Adam Sholar
Batch v. Town of Chapel Hill - Takings Law and Exactions: Where Should North Carolina Stand?, Elizabeth K. Arias
Beauty Conquers the First Amendment - Members of the City of Los Angeles v. Taxpayers for Vincent, Elaine J. Strickland
Being Careful What You Wish For: Divisible Statutes - Identifying a Non-Deportable Solution to a Non-Citizen's Criminal Problem, Michael Vastine
Bennett v. Spear: A New Interpretation of the Citizen-Suit Provision, Lynwood P. Evans
Betsey v. Turtle Creek Associates: All-Adult Housing Policy May Violate the Fair Housing Act, J. Michael McGuinness
Between Liberalism and Theocracy, John D. Inazu
Beyond a Definition: Understanding the Nature of Void and Voidable Contracts, Jesse A. Schaefer
Beyond Justiciability: Political Gerrymandering after Davis v. Bandemer, Michael A. Hess
Beyond Neutrality: Equal Access and the Meaning of Religious Freedom, E. Gregory Wallace
Beyond Solidarity, Pragmatism and Difference in a Globalized World (book review), Kevin P. Lee
Beyond the Crossroads: Shackled by Liberty, Tyrannized by Equality (Book Review: Slouching Towards Gomorrah), Alan L. Button
Bills of Attainder and the Formation of the American Takings Clause at the Founding of the Republic, Duane L. Ostler
Binding Arbitration Clauses in Nursing Home Contracts, Professor Lisa Tripp
Breach of Confidence - The Need for a New Tort - Watts v. Cumberland County Hospital System, Kathryn B. Remick
Breaking Up is Hard To Do: North Carolina Refuses to End its Relationship with Heart Balm Torts, Jean M. Cary and Sharon Scudder
Cable TV's "Must Carry" Rules: The Most Restrictive Alternative - Quincy Cable TV, Inc. v. FCC, Robert B. Hobbs Jr.
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 and Alicia Jurney Whitlock
"Caught Between a Rock and a Hard Place:" Fringe Landowners "Can't Get No Satisfaction." Is It Time to Rethink Annexation Policy in North Carolina?, Julia Sullivan Hooten
"Causing the Blood to Flow Where I Touched Him" - Liberalism, Constitutionalism, Christianity, and the "War" at Covey Farm, Anthony V. Baker
Cell Phone - A "Weapon" of Mass Discretion, Mark L. Mayakis
Changes in the State's Law Firm: The Powers, Duties and Operations of the Office of the Attorney General, The Honorable Lacy H. Thornburg
Change to the Best Mode Requirement in the Leahy-Smith America Invents Act: Why Congress Got It Right, Andrew R. Shores
Childhood Vaccinations and Autism: Does the National Childhood Vaccine Injury Act Leave Parents of Children with Autism Out in the Cold with Nowhere to Go?, Katherine Marie Bulfer
Child Sex Abuse Victims: How Will Their Stories be Heard after Crawford v. Washington?, Erin Thompson
Chinese Patents as Copyrights, Benjamin Piwei Liu
Circumvention by Delegation? An Analysis of North Carolina's Open Meetings Law and the Byrd Loophole, Samuel David Fleder
Civil Procedure - Discovery of Medical Records in a Corporate Negligence Action - Shelton v. Morehead Memorial Hospital, G. Bruce Park
Civil RICO: The Judges' Perspective, and Some Notes on Practice for North Carolina Lawyers, The Honorable David B. Sentelle
Classification of Unsecured Claims in Chapter 13 of the Bankruptcy Reform Act of 1978: What is Fair?, James B. McLaughlin Jr. and Robert W. Nelms
Closing One Door on the Parent-Child Immunity Doctrine: Legislature Rejects the Decision of Coffey v. Coffey, Elizabeth Ashley Baker
Closing the Window of Opportunity: The Limited Rights of Putative Fathers under N.C. Gen. Stat. § 48-3-601 and In re Byrd, Lauren Vaughan
Coercive Governmental Intervention and the Family: A Comment on North Carolina's Proposed Standards, The Hon. Clarence E. Horton Jr.
Commerce Clause - States Lose Power to Prescribe Highway Safety Regulations, Larry C. Harris
Compensating Post-Conception Prenatal Medical Malpractice While Respecting Life: A Recommendation to North Carolina Legislators, Michelle McEntire
Conditional Federal Spending and the States "Free Exercise" of the Tenth Amendment, Kristian D. Whitten
Conditioning a Woman's Probation on Her Using Norplant: New Weapon Against Child Abuse Backfires, Scott J. Jebson
Confessions of a Dean: Barriers and Breakthroughs to Communication, Melissa A. Essary
Confidentiality of Adoption Records in Texas: A Good Case for Defining Good Cause, Dan Tilly
Conflicts of Law in Divorce Litigation: A Looking-Glass World?, Mary M. Wills
Confrontation and Hearsay: New Wine in an Old Bottle, The Honorable Anthony M. Brannon
Constitutional Admissibility of Hearsay under the Confrontation Clause: Reliability Requirement for Hearsay Admitted under a Non-"Firmly Rooted" Exception - Idaho v. Wright, A. Perry Wadsworth Jr.
Constitutional Law - Access to Private Property, Lawrence Mazer
Constitutional Law - A New Test for Political Firings, James L. Seay Jr.
Constitutional Law - A New Twist to the Law of Defamation - Dun & (and) Bradstreet, Inc. v. Greenmoss Builders, Inc., Benita A. Lloyd
Constitutional Law - An Indigent's Right to a Blood Test in a Paternity Suit, Barbara Hollingsworth
Constitutional Law - Confronting Accused with Evidence Against Him as "Interrogation" Within the Meaning of Miranda, William M. Spivey
Constitutional Law - Control of Obscenity through Enforcement of a Nuisance Statute, Robert H. Miller II
Constitutional Law - Entrapment and Due Process of Law - The Efficacy of ABSCAM Type Operations, Dennis Franks
Constitutional Law - Freedom of Association and the Political Boycott, Elaine Cohoon
Constitutional Law - Freedom of Speech - Ban on Picketing in Front of Individual Residence Does Not Violate First Amendment, E. Gregory Wallace
Constitutional Law - Health Care Professionals Seek to Advertise, Lex Allen Watson II
Constitutional Law: Is Time Running out for the Government to Dispute Regulatory Takings - First English Evangelical Lutheran Church v. City of Los Angeles, Sharon A. Woodard
Constitutional Law - Legislative Chaplaincy Program Held Not to Violate the Establishment of Religion Clause - Marsh v. Chambers, M. Greg Crumpler
Constitutional Law - Moment of Silence Statutes May Threaten the Wall of Separation between Church and State - Wallace v. Jaffree, Valerie B. Spalding
Constitutional Law - Press Has No Constitutional Right to Attend a Pretrial Suppression Hearing, Jay C. Welch
Constitutional Law - State's Interest in Wild Animals, Susan Morrison Umstead
Constitutionally Defending Marriage: The Defense of Marriage Act, Romer v. Evans and the Cultural Battle They Represent, Leonard G. Brown III
Constitutional Protection for Non-Media Defendants: Should There Be a Distinction Between You and Larry King?, Rebecca Phillips
Constitutional Rights of Students, Their Families, and Teachers in the Public Schools, Norman B. Smith
Consumer Choice in the North Carolina Auto Insurance Market, Jeffrey O'Connell, Stephen Carroll, Michael Horowitz, Allan Abrahamse, and Bradley Miliauskas
Container Port Security: A Layered Defense Strategy to Protect the Homeland and the International Supply Chain, Wendy J. Keefer
Contract Law - Fixed Price Option vs. Right of First Refusal: Construction of a Dual Option Lease - Texaco, Inc. v. Creel, Mark Scruggs
Contractual Modification of Past Due and Future Child Support Payments, Lynette K. Neel
Contract Warranties and Remedies: A Comprehensive Survey of the Creation, Modification and Exclusion of Contract Warranties and Remedies for Attorneys and Contracting Professionals, Joseph J. Corey Jr.
Contributory Negligence, Comparative Negligence, and Stare Decisis in North Carolina, Steven Gardner
Corporate Vicarious Liability for Punitive Damages, Timothy R. Zinnecker
Corporations - The Effect of Unanimous Approval on Corporate Bylaws, Margaret Person Currin
Court-Ordered Arbitration in North Carolina: Selected Issues of Practice and Procedure, Thomas R. Fowler
Creating the Legal Monster: The Expansion and Effect of Legal Malpractice Liability in North Carolina, Gregory Huffman
Crimes of the Holocaust (book review), Amos N. Jones
Criminal Defendants Deemed Incapable to Proceed to Trial: An Evaluation of North Carolina's Statutory Scheme, Jennifer L. Morris
Criminal Law - A New Means to Combat Child Abuse?, Janet Coleman
Criminal Law - Battered Woman Syndrome: The Killing of a Passive Victim - A Perfect Defense or a Perfect Crime? - State v. Norman, Jeffrey M. Cutler
Criminal Law - Death Penalty: Jury Discretion Bridled, J. Craig Young
Criminal Law - Expert Testimony on Bite Marks, Ben H. Sirmons Jr.
Criminal Law - Perfecting the Imperfect Right of Self-Defense, Richard Charles Blanks
Criminal Law - Submission to the Jury of Lesser Included Offenses, Tony Carlton Dalton
Criminal Law - The "No I Didn't, and Yes I Did But...." Defense: Is the Entrapment Defense Available to Criminal Defendants Who Deny Doing the Crime? - Mathews v. United States, George Robert Hicks III
Criminal Procedure - Defendant's Due Process Right to a Psychiatric Expert - Ake v. Oklahoma, William D. Auman
Criminal Procedure - Edwards v. Arizona is Alive but Not Well in North Carolina - State v. Franklin, John Lloyd Coble
Criminal Procedure - Match-Game 1990's: The Admissibility of DNA Profiling - State v. Pennington, W. Anthony Purcell
Criminal Procedure - Motion for Change of Venue - In Search of a Guiding Light - State v. Jerrett, Buxton Sawyer Copeland
Criminal Procedure - North Carolina's New Approach to Recanted Testimony - State v. Britt, Walter L. Jones
Criminal Procedure - Oliver and the Open Fields Doctrine - Oliver v. United States, T. Michael Godley
Criminal Procedure - Presumed Guilty: The Use of Videotaped and Closed-Circuit Televised Testimony in Child Sex Abuse Prosecutions and the Defendant's Right to Confrontation - Coy v. Iowa, Charles E. Wilson Jr.
Criminal Procedure - Rape Victim Shield Statute, Richard Boyd Harper
Criminal Procedure - Removing the Third Option from the Jury - State v. Strickland, Lisa Boutelle Hardin
Criminal Procedure: The Admissibility of a Criminal Defendant's Hypnotically Refreshed Testimony - Rock v. Arkansas, Audrey Cooper
Criminal Procedure - The Admissibility of Evidence Obtained through Hypnosis - State v. Peoples, Sharon L. Hartman
Criminal Procedure - The Role of the Search Warrant in Fire Investigations - Michigan v. Clifford, Samuel A. Mann
Criminal Procedure: The Supreme Court Takes a Stance with Plain View Searches and Seizures - Arizona v. Hicks, Tonya C. Cumalander
Criminal Procedure - Vessels in Inland Waters Are Subject to Suspicionless Boarding - United States v. Villamonte-Marquez, Wallace R. Young Jr.
Criminal Procedure - Waiver of Right to Counsel, Patti Owen Harper
Criminal Procedure - Warrant to Search Premises as Authorizing Search and Detention of Occupants of Premises, Patrick C. Cork
Cumulative Index (Volumes 1-20)
Cumulative Index (Volumes 1-9, 1979-1987)
Current Federal and State Conflicts in the Independent Contractor Versus Employee Classification Controversy, Jack E. Karns
Damages and Problems of Proof with Planted Nonconforming Seeds, Kemp Burpeau
Dance and the Choreographer's Dilemma: A Legal and Cultural Perspective on Copyright Protection for Choreographic Works, Kathleen Abitabile and Jeanette Picerno
“Dear Diary” Moments in the Semester of a UCC Law Professor, Timothy R. Zinnecker
Deconstructing a Decade of Charter School Funding Litigation: An Argument for Reform, Lisa Lukasik
Deconstructing Shanzhai - China's Copycat Counterculture: Catch Me If You Can, William Hennessey
Deconstructing Thinking Like a Lawyer: Analyzing the Cognitive Components of the Analytical Mind, Larry O. Natt Gantt II
Dedication: David L. Dickson, F. Leary Davis
Dedication: Professor Richard L. Braun, President Norman A. Wiggins and David R. Guin
Dedication to Dean Patrick K. Hetrick, The Honorable K. Edward Greene
Dedication to Professor Charles C. Lewis, Dr. J. Stanley McQuade
Dedication to Professor Richard A. Lord, Norma Barnes-Euresti
Dedication to Professor Thomas P. Anderson, The Honorable V. Stuart Couch
Deeper Longings: The Relevance of Christian Theology for Contemporary Rights Theories, Kevin P. Lee
Defending Profiling While Combating Racism: A Companion to Ogletree’s 'Presumption of Guilt', Amos N. Jones
Defining Inadequate Performance under the North Carolina Tenured Teacher Fair Dismissal Act, William P. Harper Jr. and Richard T. Gammon
Defining Unfairness in "Unfair Trade Practices", Matthew W. Sawchak and Kip D. Nelson
Dickens v. Puryear and Progeny: An Overview of Recent North Carolina Case Law Concerning the Intentional Infliction of Emotional Distress, William B. L. Little
Distinguishing "Genuine" from "Sham' in Grassroots Lobbying: Protecting the Right to Petition During Elections, James Bopp Jr. and Richard E. Coleson
Distorting the Constitutional Curvature and Expanding its Frontier - Examining the Unique Challenges of E-Discovery, Dr. Saby Ghoshray
Do I Have to Say More? When Mediation Confidentiality Clashes with the Duty to Report, Rosemary J. Matthews
DOJ's Use of the False Claims Act: A Critique, Gregory Luce
Domestic Relations - Post-Separation Sexual Intercourse Precludes Enforcement of Agreement Requiring Parties to Live Separate and Apart - Higgins v. Higgins, Gerald H. Groon Jr.
Domestic Relations - Separation Agreements: Effect of Resumed Marital Relations, Donald R. Teeter
"Don't Bother Knockin' ... Come On In!:" The Constitutionality of Warrantless Searches as a Condition of Probation, Matthew S. Roberson
"Don't Know What a Slide Rule Is For:" The Need for a Precise Definition of Public Purpose in North Carolina in the Wake of Kelo v. City of New London, Michael McKnight
Double Jeopardy and the Death Penalty: A Fundamental Constitutional Protection with Life or Death Consequences, Kristen Lindsay Todd
Double Jeopardy - When Does Jeopardy Attach in a Non-Jury Trial in North Carolina? - State v. Brunson, John M. Nunnally
Drafting Common Interest Community Documents: Minimalism in an Era of Micromanagement, Patrick K. Hetrick
Drafting, Interpreting, and Enforcing Commercial and Shopping Center Leases, John M. Tyson
Dr. John J. Broderick, Distinguished Professor Emeritus, Hon. Joseph Branch, F. Leary Davis, and Paul C. Ridgeway
Economic Valuation for Wrongful Death, Joseph E. Johnson and George B. Flanigan
Egypt’s Competitive Liberalization in Services: Bilateral, Regional, and Multilateral, Amos N. Jones and Mohamed R. Hassanien
Election 2008: What Private Employers and Their Employees Need to Know About Political Activity In and Out of the Workplace, Amos N. Jones and Daniel I. Prywes
Elevating Form Over Substance: Viar v. North Carolina Department of Transportation and Its Progeny, Trey Collier
Employers on the Fence: A Guide to the Immigratory Workplace, Natalie Prescott
Employment Discrimination - Evidentiary Standards in Employment Discrimination Suits - Department of Correction v. Gibson, Beth Marshall
Enlightenment Liberalism, Lawyers, and the Future of Lawyer-Client Relations, Robert F. Cochran Jr.
Entrustment under U.C.C. Section 2-403 and Its Implications for Article 9, John E. Cargill
Equal Protection for Non-Suspect Class Victims of Governmental Misconduct: Theory and Proof of Disparate Treatment and Arbitrariness Claims, J. Michael McGuinness
ERISA, Preemption and Comprehensive Federal Health Care: A Call for "Cooperative Federalism" to Preserve the States' Role in Formulating Health Care Policy, James E. Holloway
ERISA Qualified Pension Plan Benefits as Property of the Bankruptcy Estate: The Unanswered Questions after Patterson v. Shumate, Jack E. Karns
ERISA Spendthrift Rules - It Just Shouldn't Be This Hard, Ronald I. Kirschbaum
Estate Planning Considerations for the North Carolina Principal and Income Act of 1973, James W. Narron
Ethics and Change in Collaborative Law, Professor Christopher M. Fairman
Evidence - Admissibility of Expert Opinion, James A. Haney
Evidence - North Carolina Allows Admission of the Unthinkable: Hearsay Exceptions and Statements Made by Sexually Abused Children - State v. Smith, Benita A. Lloyd
Evidence - North Carolina and Declarations Against Penal Interest, Samuel W. Meekins
Evidence - Polygraph Test Results No Longer Admissible in North Carolina - State v. Grier, William T. Sharpe
Examining DiDonato's Damage Limitations and Mandatory Joinder Requirements - Greer v. Parsons, John M. McCabe
Exceptional Circumstances: The Material Benefit Rule in Practice and Theory, Clay B. Tousey III
Excess Condemnation - Must the Interest Condemned in Private Property be Proportional to the Public Use? - The Effect of City of Charlotte v. Cook, Kimberly A. Baxley
Expertise in Trial Advocacy: Some Considerations for Inquiry into Its Nature and Development, Paul E. Johnson, Michael G. Johnson, and Raleigh K. Little
Expert Testimony Regarding the Speed of a Vehicle: The Status of North Carolina Law and the State of the Art, Lawrence F. Mazer, Charles R. Manning, Richard T. Edwards, and Michael A. Sutton
Extending Enforcement Rights to Assignees of Lost, Destroyed, or Stolen Negotiable Instruments Under U.C.C. Article 3: A Proposal for Reform, Timothy R. Zinnecker
FAA and Arbitration Clauses - How Far Can it Reach? The Effect of Allied-Bruce Terminix, Inc. v. Dobson, Edmond Seferi
Faith, Reason, and Bare Animosity, Daniel A. Crane
Family Law Arbitration: Third Party Alternative Dispute Resolution, Lynn P. Burleson
Family Law - Modifying Arbitrator's Awards - A Nod to "Judges of the Parties' Own Choosing", Gene B. Tarr
Federal Criminal Procedure - Privilege for Adverse Spousal Testimony Vested in Witness Spouse, James Quimby Wallace III
Federal Malpractice in Indian Country and the "Law of the Place": A Re-Examination of Williams v. United States under Existing Law of the Eastern Band of Cherokee Indians, J. Matthew Martin
Federal Policy Panel: What to Expect with Immigration Reform in the 110th Congress, Mark Krikorian and Jeanne Butterfield
Federal Prosecution of State and Local Officials Using Honest Services Mail Fraud: Where's the Line?, George E.B. Holding, Dennis M. Duffy, and John Stuart Bruce
Ferguson v. City of Charleston: Gatekeeper of the Fourth Amendment's "Special Needs" Exception, Lucinda Clements
Fetal Tissue Research and Abortion: Do They Have a Future Together?, Angela M. Skerrett
Fighting Fire with Fire: "Reverse Bad Faith" in First-Party Litigation Involving Arson and Insurance Fraud, Cathryn M. Little
Fixing Faults in the Current Default Judgment Framework, Arthur J. Park
Foreign Law Between Domestic Commercial Parties: A Party Autonomy Approach with Particular Emphasis on North Carolina Law, Steven N. Baker
Foreword and Commentary on the Impact of Immigration on the Legal Community in North Carolina, John L. Pinnix
Formulation of the Two Part Analysis for State Action Exemption - Hoover v. Ronwin, Donald E. Harrop
Fraud & Abuse Regulations Impede Market Innovations, Professor Peter Jacobson
Fraudulent, Negligent, and Innocent Misrepresentation in the Employment Context: The Deceitful, Careless, and Thoughtless Employer, Frank J. Cavico
Freedom of Speech in North Carolina Prior to Gitlow v. New York, with a Forward Glance Thereafter, The Hon. Harry C. Martin
From Demon to Darling: A Legal History of Wine in America (book review), Sarah Ludington and Charles Ludington
From Rosenberger to Martinez: Why the Rise of Hyper-Modernism is a Bad Thing for Religious Freedom, Timothy P. Lendino
From the "Creek" to the Capital, Olivia L. Weeks
Functions of Rule 12(b)(6) in the Federal Rules of Civil Procedure: A Categorization Approach, Yoichiro Hamabe
Gays in the Military: What about Morality, Ethics, Character and Honor, William A. Woodruff, Arthur A. Murphy, and Leslie M. MacRae
Gender Stereotypes and Discriminatory Behaviors Toward Female Attorneys: The North Carolina Case, Michael L. Vasu and Ellen Storey Vasu
Globalization, Intellectual Property, and Prosperity, Lucas Osborn
Good Faith Mediation: Improving Efficiency, Costs, and Satisfaction in North Carolina's Pre-Trial Process, Tony Biller
Grand Jury Subpoenas to Defense Attorneys Representing Targets: An Ethical-Legal Tug of War, Paul Marshall Yoder
Growing Pains: Changes in Collaborative Law and the Challenge of Legal Ethics, Christopher M. Fairman
Guarding the Guardians: Expanding Auditor Negligence Liability to Third-Party Users of Financial Information, James W. Zisa
Head Shops - Legitimate Governmental Interest in Regulating the Sale of Drug Paraphernalia Receives Judicial Recognition, James A. Atkins
Heart of the Capital's Legal Community, Olivia L. Weeks
History and Executive Removal Power: Morrison v. Olson and Separation of Powers, John L. Gedid
HIV, AIDS & Job Discrimination: North Carolina Failure and Federal Redemption, Jeremy McKinney
Holding the High Ground: The Operational Calculus of Torture and Coercive Interrogation, Joseph L. Falvey Jr. and Brian D. Eck
Homosexuality and Military Service: Legislation, Implementation, and Litigation, William A. Woodruff
How Are Companies Positioning to Deal with E-Discovery in the Event of Further Litigation, Fernando Pinguelo
How Courts Will Apply E-Discovery Law and Spoliation to Electronically Stored Evidence Created or Stored on Social Networking Sites, Professor Derek S. Witte
How States Can Protect Their Policies in Federal Class Actions, Lucas Watkins
How the Uniform Partnership Act Determines Ultimate Liability for a Claim against a General Partnership and Provides for the Settling of Accounts between Partners, Russell C. Smith
I-95 A/K/A the Drug Trafficker's Freeway and Its Impact on State Constitutional Law, The Honorable Robert H. Hobgood
If You Can't Say Something Nice, Don't Say Anything at All: Hill v. Colorado and the Antiabortion Protest Controversy, Christy E. Wilhelm
Ignorance of the Law: Should it Excuse Violations of Certain Federal Restrictions on the Possession of Firearms?, Thomas L. Fowler
"Inevitable Inequities:" The Public Duty Doctrine and Sovereign Immunity in North Carolina, G. Braxton Price
In Praise of Pension Reform, Ronald I. Kirschbaum
In Praise of Public Access: Why the Government Should Disclose the Identities of Alleged Crime Victims, Sarah Ludington
In Reckless Hands: Skinner v. Oklahoma, Professor Victoria F. Nourse
Installment Land Contracts in North Carolina, James W. Narron
Instrumentalism at the Federal Circuit, Lucas Osborn
Interaction of E-Discovery and the United States Supreme Court's Decisions in Twombley and Iqbal, Professor Thomas B. Metzloff
Interest-Free Demand Loans Now Subject to Gift Tax - Dickman v. Commissioner, William T. Sharpe
Interim Relief and International Commercial Arbitration in North Carolina: Where We Are and Where We Should be Looking, R. Jeremy Sugg
Internet Law - Surfing without a Board? A Look at Copyright Infringement on the Internet and Article I of the Digital Millennium Copyright Act, Dexter M. Campbell III
Intimate Injuries: Are There Constitutional Law Protections from Family Violence, J. Randall Patterson
Introductory Remarks, Kevin P. Lee
Investment Advisory Regulatory Muddy Waters: Registration and Control Issues are Confused with Issues of Disclosure and Anti-Fraud, Susan Rogers Finneran
In Vino Veritas: Does the Twenty-First Amendment Really Protect a State's Right to Regulate Alcohol? An Overview of the North Carolina Wine Industry and the Continuing Wine Distribution Litigation, Christian Hart Staples
Is Constitutionalism Liberal?, Bruce P. Frohnen
Is It All About the Money? Considering a Multi-Factor Test for Determining the Appropriateness of Forced Partition Sales in North Carolina, Lawrence Anderson Moye IV
Is Modern Legal Liberalism Still Compatible with Free Exercise of Religion?, Donald R. McConnell
"It Is Much Easier to Find Fault with Others, Than to be Faultless Ourselves": Contributory Negligence as a Bar to a Claim for Breach of the Implied Warranty of Merchantability, William B. L. Little
Its Days Were Numbered: The Year and a Day Rule Falls in North Carolina - State v. Vance, Melanie Lewis Vtipil
"It's Not World Peace, but ..." Restorative Justice: Analysis of Recidivism Rates in Campbell Law School's Juvenile Justice Project, Jennifer L. Kerrigan
Judicial Activism Constructs Lenders' Nightmare - Embree Construction Group, Inc. v. Rafcor, Inc. and United Carolina Bank, Philip A. Mullins IV
Judicial Boilerplate Language as Torts Decisional Litany: Four Problem Areas in North Carolina, Charles E. Daye
Jumping in the Deep End? An Analysis of the North Carolina Health Insurance Risk Pool, Megan G. West
Jurisfiction, John Rockwell Snowden
Jury Discrimination: The Supreme Court, Public Opinion, and a Grassroots Fight for Racial Equality in Mississippi (book review), Amos N. Jones
Justifying Religious Freedom: The Western Tradition, E. Gregory Wallace
Kelo and the Games People Play: A Game-Theoretic Analysis of Kelo v. City of New London, Derek K. Yonai
Kidney Transplantation: Only for the Well-To-Do?, Jennifer M. Smith
King v. North Carolina: A Misinterpretation of the Lucas Takings Rule, Don R. Wells
Law Between the Lines, Thomas L. Fowler
Law Enforcement Use of Force: The Objective Reasonableness Standards under North Carolina and Federal Law, J. Michael McGuinness
Law & Policy of Healthcare Quality Ratings, Professor Kristin Madison
Law Reviews and Their Relevance to Modern Legal Problems, Thomas L. Fowler
Law School: A Mortuary for Poets and Moral Reason, David R. Culp
Law School Histories: A Panel Discussion
Law's Empire, Jeremy M. Miller
Lawyers Take Heed! A De Novo Review of Rule 11 in North Carolina - Turner v. Duke Univ., T. June Hobby
Lawyers Who Draft and Negotiate Guaranties (and the Clients Who Love Them), Timothy R. Zinnecker
Lecture, Professor Steven Selden
Lecture & Discussion, Professor Philip Thompson, Professor Lynn Buzzard, Professor Amy Flanary-Smith, and Professor Jon Powell
Legal Education and Financial Planning: Preparation for the Multidisciplinary Practice Future, George Steven Swan
Legal Implications of Human In Vitro Fertilization for the Practicing Physician in North Carolina, Roger B. Bernholz and G. Nicholas Herman
Legislative Kudzu and the New Millennium: An Opportunity for Reflection and Reform, Patrick K. Hetrick
Lender Liability Under CERCLA and the Fleet-ing Protection of the Secured Creditor Exemption, Timothy R. Zinnecker
Lewis and Lewis: The Life and Times of a Victorian Solicitor, Mark M. Dobson
Liberalism: A Religious-Dependent Faith, Barry Alan Shain
Licensing Lawyers in the Modern Economy, Trippe S. Fried
Lien Avoidance by Debtors in Chapter 13 of the Bankruptcy Act of 1978, James B. McLaughlin Jr.
Liner v. Brown: Where Should We Go from Here - Two Different Approaches for North Carolina, A. John Hoomani and Kimberly Sieredzki Woodell
Lives of Lawyers, Ed Gaskins
Looking for Bedrock: Accounting for Human Rights in Classical Liberalism, Modern Secularism, and the Christian Tradition, C. Scott Pryor
Loose Lips Won't Sink Ships: Federal Education Rights to Privacy Act after Gonzaga v. Doe, D. Martin Warf
Lost in the Forest of the Establishment Clause: Elk Grove v. Newdow, Todd Collins
Mail Dominance: A Critical Look at the International Marriage Broker Regulation Act and Its Sufficiency in Curtailing Mail-Order Bride Domestic Abuse, Holli B. Newsome
Mail-Order Ministries under the Section 170 Charitable Contribution Deduction: The First Amendment Restrictions, the Minister's Burden of Proof, and the Effect of TRA '86, Anthony L. Scialabba, Melissa B. Kurtzman, and Lance J.M. Steinhart
Making Men Moral, Civil Liberties and Public Morality (book review), Kevin P. Lee
Making Specimen Cups as Normal as Prom Night: The Implications of Board of Education v. Earls on Public Schools Across the Nation, Caroline Slater Burnette
Maritime Law - Common Sense and Nonsense Stand Face to Face in the Fourth Circuit - Hassinger v. Tideland Electric Membership Corp., Paul A. Newton
Marketing Natural Law: An Over-Debated and Undersold Product, J. Stanley McQuade and Richard T. Bowser
Martinez, Oliphant and Federal Court Review of Tribal Activity under the Indian Civil Rights Act, Robert Laurence
Mediation Introduction and Demonstration, William O. King
Mediation of Industrial Commission Cases, Lex K. Larson
Medicine Goes Madison Avenue: An Evaluation of the Effect of Direct-to-Consumer Pharmaceutical Advertising on the Learned Intermediary Doctrine, Michael C. Allen
Medieval ‘Ratio’ and Modern Formal Studies: A Reconsideration of Coke’s Dictum That Law Is the Perfection of Reason, J. Stanley McQuade
Mental Health Care for Children: Before and During State Custody, The Honorable K. Edward Greene
Military Personnel Policy: Who’s in Charge? The Courts, Congress, or the Commander in Chief?, William A. Woodruff
Minor's Personal Injury Actions and Settlements in North Carolina, John M. Kirby
Morning Panel Discussion, Professor William Hennessey, Professor David Levine, Professor Jonathan Ocko, and Professor Peter Yu
Morning Panel Discussion, Professor Greg Wallace (Moderator), Professor Bruce P. Frohnen, Professor Barry Shain, Professor Donald R. McConnell, and Professor John D. Inazu
Morning Presentation I, Professor Bruce P. Frohnen
Morning Presentation I, Professor Barry Shain
Morning Presentation II, Professor Donald R. McConnell
Morning Presentation II, Professor John D. Inazu
Morning Presentations, Professor William Hennessey, Professor David Levine, Professor Jonathan Ocko, and Professor Peter Yu
Multi-Institutional Healthcare Ethics Committees: Procedure of Dispute Resolution, Professor Thaddeus Pope
Multi-Institutional Healthcare Ethics Committees: The Procedurally Fair Internal Dispute Resolution Mechanism, Thaddeus Mason Pope
Municipal Annexation in North Carolina: A Look at the Past Decade, Steven W. Blevins
Municipal Liability for Negligent Inspections in Sinning v. Clark - A 'Hollow' Victory for the Public Duty Doctrine, Frank Swindell
Murky Water: What Really is Taxed as Court Costs in North Carolina?, James Edwin Griffin III
Myths and Realities in the Vietnam Debate, Robert F. Turner
National Endowment for the Arts v. Finley: Challenging the Facial Challenge, Gloria F. Taft
Navigating the Dark Morass: A First-Year Student's Guide to the Library, Maureen Straub Kordesh
"Necessity Hath No Law": Executive Power and the Posse Comitatus Act, Candidus Dougherty
No Notice, No Hearing, No Problem? The Constitutionality of North Carolina's Prejudgment Statute, Jason A. Jennings
North Carolina Adopts the Inevitable Discovery Exception to the Exclusionary Rule - State v. Garner, G. Chris Olson
North Carolina and Pretrial Civil Revocation of an Impaired Driver's License and the Double Jeopardy Clause, Marc Tyrey
North Carolina Hospitals' Dilemma: The Inherent Conflict between Carolina ACCESS and the Emergency Medical Treatment and Active Labor Act, Benjamin D. Overby
North Carolina Public Policy Panel: The Future of Immigration Law and Related Issues in the North Carolina General Assembly and What They Mean for North Carolina Lawyers, Rep. Rick Glazier (D-Cumberland), Rep. Dale Folwell (R-Forsyth), Senate Minority Leader Phil Berger (R-Rockingham), and Senator Ellie Kinnaird (D-Orange)
North Carolina's 1981 Waste Management Act and Its Impact on Local Governments: The Good, the Bad and the Ugly, Sarah Patterson Brison
North Carolina's Developing Public Policy Wrongful Discharge Doctrine in the New Millennium: Basic Principles, Causation and Proof of Improper Motive, J. Michael McGuinness
North Carolina Security Interests, I. Boyce Covington
North Carolina Security Interests (book review), James B. McLaughlin Jr.
North Carolina's (f)(1) Mitigating Circumstance: Does It Truly Serve to Mitigate?, Ashley P. Maddox
North Carolina's New AIDS Discrimination Protection: Who Do They Think They're Fooling?, Angela Sue Bullard
North Carolina's Tenancy by the Entirety Reform Legislation of 1982, William A. Reppy Jr.
North Carolina's Unconstitutional Expansion of an Ancient Maxim: Using DWI Fatalities to Satisfy First-Degree Felony Murder, Graham T. Stiles
North Carolina's Uniform Premarital Agreement Act: A Contract Perspective, Richard A. Lord
Objections - Howls of a Dog-Pound Quarrel, The Hon. E. Maurice Braswell
Obscenity: The Justices' (Not So) New Robes, Michael Kent Curtis
Offer to Purchase and Contract: Buyer Beware, Lisa Ann Finger
Of Moons, Thongs, Holdings and Dicta: State v. Fly and the Rule of Law, Thomas L. Fowler
Of "Private Governments" and the Regulation of Neighborhoods: The North Carolina Planned Community Act, Patrick K. Hetrick
Once, Twice, Four Times a Felon: North Carolina's Unconstitutional Recidivist Statutes, Jason White
One Tough Pill to Swallow: A Call to Revise North Carolina's Drug Trafficking Laws Concerning Prescription Painkillers, Evan M. Musselwhite
Opening Remarks: Immigration Practice and Immigration's Growing Impact on the Legal Profession in North Carolina, John L. Pinnix
Orders from on High: The Current Struggle over Medicaid Third Party Recovery Between North Carolina and the Supreme Court of the United States, Allen N. Trask III
Organizational Ethos and Corporate Criminal Liability, Henry J. Amoroso
Out of Focus: The Fuzzy Line between Regulatory "Takings" and Valid Zoning-Related "Exactions" in North Carolina and Federal Jurisprudence, Albert M. Benshoff
Out of Sight, Out of Mind? Why the Lanham Act Needs to Be Brought Into the Digital Millennium, M. Lee Taft
Over My Dead Body: The Legal Nightmare and Medical Phenomenon of Posthumous Conception Through Postmortem Sperm Retrieval, Devon D. Williams
Overview of Metadata in E-Discovery and Ethical Considerations Related to Mining and Scrubbing, Jonathan Bumgarner
Panel Discussion: Advantages & Disadvantages of ADR and Areas that Need Improvement, The Honorable Frank W. Bullock Jr., The Honorable Frank V. Williams Jr., and William O. King
Panel Discussion and Commentary: What to Expect with Immigration Reform in the 110th Congress and the Implications for the Legal Community, Alan L. Button
Panel Discussion: A Pragmatic Approach to Health Law Regulation & Administration, Bo Thompson, Eugene Dauchert, Terri Harris, and Gregory Luce
Panel Discussion: Important Legal Developments in Health Law, Moderator: William W. Stewart, Dean McCord, Howard Dorfman, Professor Jennifer Smith, and Roy H. Wyman Jr.
Panel Discussion: Intersection of the North Carolina and Federal Rules of Civil Procedure, Elizabeth Scott, Patrick Oot, J.D. Hensarling, and The Honorable John L. Carroll
Panel Discussion: Updates in Fraud & Abuse Law, Moderator: Christopher Brewer, Don Caldwell, and Charles Hobgood
Parol Modification and the Statute of Frauds: Fitting the Pieces Together under the Uniform Commercial Code, Jeanette K. Brooks
Patent Law - The Next-to-Last Step to Software Patentability?, Ron Karl Levy
Personal Jurisdiction and the Internet: Is a Home Page Enough to Satisfy Minimum Contacts?, Kevin R. Lyn
Person or Thing - In Search of the Legal Status of a Fetus: a Survey of North Carolina Law, Tony Hartsoe
Pimzy Whimsy in the Eleventh Circuit: Reflections on IN RE ALPHATECH SYSTEMS, INC., Timothy R. Zinnecker
Place Your Bets ... On the Keyboard: Are Internet Casinos Legal?, R. Scott Girdwood
Pope John Paul II: Prophetic Politician (book review), Kevin P. Lee
Post-Separation Failure to Support a Dependent Spouse as a Sole Ground for Alimony Despite the Absence of Marital Misconduct Before Separation - Brown v. Brown, Elizabeth N. Rich
Practical Tips for Cost-Efficient E-Discovery Management, Alison Grounds
Practice and Procedure under Amended Rule 11 of the Federal Rules of Civil Procedure, Kevin P. Roddy and William Woodward Webb
Practice Panel #1: The Business of Immigration Law, Natalie Prescott, Steve Smalley, Andy Merrills, Amanda Bryant, Anna Baird Choi, and Ame Coats
Practice Panel #2: Immigration Law and North Carolina Practice, Michael Vastine, C. Lynn Calder, George Miller, Gabriel F. Jimenez, The Honorable Ann Marie Calabria, and Dr. Saby Ghoshray
Practitioner Panel Discussion, Ken Hammer, Maury Tepper, Rob Tiller, Kathy Twiddy, and Eric Wolff
Preemption, Assassination, and the War on Terrorism, David Ennis
Prelitigation Risk Management: Record Retention, Stephanie A. "Tess" Blair
Premarital Agreements, Suzanne Reynolds
Presentation of the Portrait of I. Beverly Lake, Sr., Associate Justice, Supreme Court of North Carolina, Dr. Norman Adrian Wiggins
Primary Issues in Compensation Litigation, Commissioner J. Randolph Ward
Prior Crimes as Evidence in Present Criminal Trials, Charles W. Gamble
Problems in the Use of Trust for Funding Private Annuities, Robert O. Loftis Jr.
Procrustean Jurisprudence: Squeezing Legal Philosophy Into an Already Crowded Law School Curriculum, J. Stanley McQuade
Products Liability - Emerging Consensus and Persisting Problems: An Analytical Review Presenting Some Options, Dr. J. Stanley McQuade
Property Law - Waiver of Closing Date in Land Sales Contracts in North Carolina - Fletcher v. Jones, Ricky L. Griffin
Property - Public Documents in the Hands of Private Collectors, Samuel R. Clawson
Prophet of the Christian Social Manifesto: Joseph Husslein, S. J. His Life, Work, & Social Thought (book review), Kevin P. Lee
Proportionality in Discovery: A Cautionary Tale, John L. Carroll
Proportionality in Discovery As It Applies to Electronically Stored Information, The Honorable John L. Carroll
Prosecutorial Abuse of Peremptory Challenges in Death Penalty Litigation: Some Constitutional and Ethical Considerations, Stephen P. Lindsay
Prosecutorial Discretion and Substantial Assistance: The Power and Authority of Judicial Review - United States v. Wade, John S. Austin
Public Education, Local Authority, and Democracy: The Implied Power of North Carolina Counties to Impose School Impact Fees, Michael F. Roessler
Punitive Damages after Campbell: The Role of Out-of-State Conduct, Steven R. Hamlin
Purchase Money Security Interests in the Preference Zone: Questions Answered and Questions Raised by the 1994 Amendments to Bankruptcy Code § 547, Timothy R. Zinnecker
Putting Amotion in Motion: Removal of an Elected Official by a Municipal Governing Body for Just Cause, Cathryn M. Little
Racial Gerrymandering and the Voting Rights Act in North Carolina, Robert N. Hunter Jr.
Rambo Depositions: Controlling an Ethical Cancer in Civil Litigation, Jean M. Cary
Rambo Depositions Revisited: Controlling Attorney-Client Consultations During Depositions, Jean M. Cary
Ramifications of the 1997 DWI/Felony Prior Record Level Amendment to the Structured Sentencing Act: State of North Carolina v. Tanya Watts Gentry, William Thomas Kesler Jr.
Reasonableness in E-Discovery, Debra Lyn Bassett
Recent Development: Two Views on the International Marriage Broker Regulation Act (IMBRA), Holli B. Newsome and Erin K. Pleasant
Re-Evaluating Grandparental Visitation in North Carolina in Light of Troxel v. Granville, John M. Lewis
Reflections on Domestic Work and the Feminization of Migration, Glenda Labadie-Jackson
Reining in the Data Traders: A Tort for the Misuse of Personal Information, Sarah Ludington
Reinventing the Courts: The Frontiers of Judicial Activism in the State Courts, Frank V. Williams III
Religion and the Purification of Reason: Why the Liberal State Requires More Than Simple Tolerance, John M. Breen
Religiously Affiliated Law Schools: Macro-dynamics in Contemporary Culture, Lynn R. Buzzard
Resolving Priority Disputes Between the IRS and the Secured Creditor Under Revised UCC Article 9: And the Winner is ...?, Timothy R. Zinnecker
Restrictive Covenants - Enforceability of Assessments Against Property Owners in Residential Developments - Figure Eight Beach Homeowners' Association, Inc. v. Parker, Ernest Rawls Carter Jr. and Monty Beck
Retaliation Claims under Title VII, the ADEA, and the ADA: Untouchable Employees, Uncertain Employers, Unresolved Courts, Melissa A. Essary and Terence D. Friedman
Return to the Conservative View of Security Agreements in Commercial Transactions, Gregory D. Hutchins
Rights and Interests of Parent, Child, Family and State: A Critique of Development of the Law in Recent Supreme Court Cases and in the North Carolina Juvenile Code, The Hon. Walter H. Bennett Jr.
Rothgery v. Gillespie County: Applying the Supreme Court's Latest Sixth Amendment Jurisprudence to North Carolina Criminal Procedure, Rebecca Yoder
Rule 68 - Should Costs Incurred after the Offer of Judgment be Included in Calculating the "Judgment Finally Obtained" - The So-Called Novel Issue in Roberts v. Swain, Jonathan R. Bumgarner
"Rummaging through a Wilderness of Verbiage" - The Charge Conference, Jury Argument and Instructions, The Hon. Thomas S. Watts
Sacrificing Liberty for Security: North Carolina's Unconstitutional Search and Seizure of Arrestee DNA, Michael J. Crook
Santa Fe Independent School District v. Doe: The Constitutional Complexities Associated with Student-Led Prayer, Jennifer Carol Irby
Scarlet Letter Lawsuits: Private Affairs and Public Judgments, Lynn Buzzard
Scarlet Letter Punishment for Juveniles: Rehabilitation Through Humiliation?, Bonnie Mangum Braudway
Screening of "The Lynchburg Story", Kevin Lee
Section 337 Jurisdiction and the Forgotten Remedy, Janet Saxon and Paul Newhouse
Secular Not Secularist America, Michael Scaperlanda
Self-Directed Death, Euthanasia, and the Termination of Life-Support: Reasonable Decisions to Die, G. Steven Neely
Senate Bill 43: A Refinement of North Carolina's Involuntary Civil Commitment Procedures, Bruce Vrana
Service with a Chagrin: The Problem of Aggregate Estimates of Unreported Tips in United States v. Fior D'Italia, Inc., Christopher A. Crowson
Sex Discrimination - Title IX Applies to Employees, Barbara Hollingsworth
Shaken Baby Syndrome as Felony Murder in North Carolina, Derick R. Vollrath
Shielding the Plaintiff and Physician: The Prohibition of Ex Parte Contacts with a Plaintiff's Treating Physician, David L. Woodard
Should Foreign Patent Law Matter?, Timothy R. Holbrook
Skin Formulas Belong in a Bottle: North Carolina's Diversity Scholarships Are Unconstitutional under Grutter & Gratz, Mark Spencer Williams
Slavery Jurisprudence on the Supreme Court of North Carolina, 1828-1858: William Gaston and Thomas Ruffin, Timothy C. Meyer
Small Group Session A1: Institutional Fact-Finding: Value and Benefits, Debi Miller-Moore
Small Group Session A2: Who's Afraid of the CSIG? Uses in ADR Agreements in NC, Alicia Jurney Whitlock
Small Group Session A3: Process of Mediation from A to Z, Frank C. Laney
Small Group Session B1: The North Carolina Family Law Arbitration Act, Lynn P. Burleson
Small Group Session B2: Clause Drafting in ADR Agreements, Richard T. Boyette
Small Group Session B3: ADR for the Labor and Employment Attorney, The Honorable Frank W. Bullock Jr.
Smoking in the Workplace: Who Has What Rights?, John C. Fox
Socrates, Syllogisms, and Sadistic Transactions: Challenges to Mastering U.C.C. Article 9 Through Deductive Reasoning, Timothy R. Zinnecker
Solidarity: A Principle, an Attitude, a Duty, or the Virtue for an Interdependent World? (book review), Kevin P. Lee
Some Practical Implications of Civil RICO Cases, William Woodward Webb and Kevin P. Roddy
Some Thoughts About Warranty Law: Express and Implied Warranties, Richard A. Lord
State v. Pendleton: Impermissible Delegations to Religious Institutions: Is Campbell University an Armed Church?, Stephen See
Statutory Standard of Care for North Carolina Health Care Providers, John M. Tyson
Statutory Waiver of Municipal Immunity upon Purchase of Liability Insurance in North Carolina and the Municipal Liability Crisis, Patti Owen Harper
"Student-Initiated" Prayer: Assessing the Newest Initiatives to Return Prayer to the Public Schools, Jessica Smith
Successful Shadowboxing: The Art of Impeaching Hearsay Declarants, The Honorable Anthony M. Brannon
Summary of the North Carolina Uniform Transfers to Minors Act and the Proposed North Carolina Uniform Custodial Trust Act, Julie Zydron Griggs
Syllogisms, Enthymemes, and Fallacies: Mastering Secured Transactions Through Deductive Reasoning, Timothy R. Zinnecker
Symposium Address: Racial Justice in the 1980s, Julius L. Chambers
Symposium Address: The Death Penalty in North Carolina, The Hon. James G. Exum Jr.
Tax - Dependency Deductions for Paramours, Scott MacDonald Taylor
Tax Strategy Patents: Why the Tax Community Should not Exclude the Patent System, Lucas Osborn
Teaching Ethics and Professionalism in Litigation: Some Thoughts, Jean M. Cary
Textualist Canons: Cabining Rules or Predilective Tools, Stephen M. Durden
The 2009 Revision to the PhRMA Code on Interactions with Healthcare Professionals: Challenges and Opportunities for the Pharmaceutical Industry in the Age of Compliance, Howard L. Dorfman
The Admissibility of Expert Testimony in North Carolina after Howerton: Reconciling the Ruling with the Rules of Evidence, William A. Woodruff
The Admissibility of Prior Acquittal Evidence - Has North Carolina Adopted the "Minority View?" - The Effect of State v. Scott, Matthew S. Sullivan
The American Medical Association vs. the American Tort System, Jeff Essen and Lisa Aldred
The Amy Jackson Law - A Look at the Constitutionality of North Carolina's Answer to Megan's Law, Nikki Gfellers and Kimberly S. Lewis
The At-Will Relationship in the 21st Century: A Consideration of Consideration, Richard A. Lord
The Battle at Little Big Horn Has Moved to Raleigh - Is This Custer's Last Stand against Tort Reform?, John Marshall
The Bologna Process and German Legal Education: Developing Professional Competence through Clinical Experiences, William A. Woodruff and Andreas Bucker
The Broadened Dimensions and More Powerful Bite of the State Fair Housing Act, B. Bailey Liipfert III
The Concept of Religion in State Constitutions, Kent Greenawalt
The Constitutional Floor Doctrine and the Right to a Speedy Trial, Darren Allen
The Constitutionality of Anti-Gang Legislation, Beth Bjerregaard
The Contingent Fee Contract in Domestic Relations Cases - Thompson v. Thompson, Timothy H. Graham
The Continuing Power of Attorney - An Essential Instrument, Richard M. Thigpen and Richard E. Thigpen Jr.
The Contract Drafting Process: Integrating Contract Drafting in a Simulated Law Practice, Charles C. Lewis
The Danger to Confidential Communications in the Mismatch Between the Fourth Amendment's "Reasonable Expectation of Privacy" and the Confidentiality of Evidentiary Privileges, Robert P. Mosteller and Kenneth S. Broun
The Death of Discretion: Prior Felony Convictions Automatically Admissible in Civil Actions - Green v. Bock Laundry Machine Co., Kimberly S. Smith
The Default Provisions of Revised Article 9 of the Uniform Commercial Code: Part II, Timothy R. Zinnecker
The Demise of the Foreign-Natural Test in North Carolina - Goodman v. Wenco Foods, Leigh A. Aughenbaugh
The Department of Defense’s Role in Free-World Export Licensing Under the Export Administration Act, Matthew W. Sawchak
The Diploma Dilemma: An Inequitable Result under North Carolina's Equitable Distribution Statute - Kuder v. Schroeder, W. Greg Merritt
The Discipline and Removal of Judges in North Carolina, The Hon. Edward B. Clark
The Discretionary Function Exception to the Federal Tort Claims Act: How Much is Enough?, Amy M. Hackman
The Dismantling of McDonnell Douglas v. Green: The High Court Muddies the Evidentiary Waters in Circumstantial Discrimination Cases, Melissa A. Essary
The Doctrine of Wrongful Discharge in North Carolina: The Confusing Path from Sides to Guy and the Need for Reform, J. Michael McGuinness
The Dogs That Did Not Bark: The Silence of the Legal Academy during World War II, Sarah Ludington
The Dual Sovereignty Doctrine Extended to Successive State Prosecutions - Heath v. Alabama, Clifton Walker Homesley
The Duty to Defend - Brown v. Lumbermens Mutual Casualty Company, George H. Pender
The Eggshell Skull Rule and Related Problems in Recovery for Mental Harm in the Law of Torts, Dr. J. Stanley McQuade
The Elderly Incompetent: The Right to Die with Dignity, Cary C. Homes
The Elusive "Marketplace" in Post-Bilski Jurisprudence, Andrew Chin
The End of the North Carolina Abortion Fund, Paul Stam
The Equitable Distribution of Professional Degrees upon Divorce in North Carolina, Carole S. Gailor and Meredith J. McGill
The Evangelical Rediscovery of Law and Politics, Lynn Buzzard
The Evolution and Status of the Contributory Negligence Defense to Medical Malpractice Actions in North Carolina - McGill v. French, Lucinda L. Fraley
The Evolution of Modern North Carolina Environmental and Conservation Policy Legislation, Milton S. Heath Jr. and Alex L. Hess III
The Fairness Requirement for a Workers' Compensation Agreement - The Effect of Vernon v. Steven L. Mabe Builders, Isabel E. Loytty
The Feres Bar: The Right Ruling for the Wrong Reason, Kelly L. Dill
The Fourth Circuit and the Fourth Amendment: Removing the High from the Seas, Herman E. Gaskins Jr.
The Franchising Dilemma Continues: Update on Franchisor Liability for Wrongful Acts by Local Franchisees, Randall K. Hanson
The Future of Music in a Digital Age: The Ongoing Conflict Between Copyright Law and Peer-to-Peer Technology, Lori A. Morea
The Ghost of Wards Cove: The Supreme Court, the Bush Administration, and the Ideology Undermining Title VII, Amos N. Jones and D. Alexander Ewing
The Growing Pains of Cable Television, Beth Bals
The Hidden Dichotomy in the Law of Morality, Justin P. Nichols
The Holder of UCC 3-407(2)(a) and the Windfall Discharge, Charles C. Lewis
The International Marriage Broker Regulation Act: Protecting Foreign Women or Punishing American Men?, Erin K. Pleasant
The Irrational Use of Rational Basis Review in Lawrence v. Texas: Implications for Our Society, Susan Austin Blazier
The Latest Home Education Challenge: The Relationship Between Home Schools and Public Schools, Lisa Lukasik
The Law and Policy of Health Care Quality Reporting, Kristin Madison
The Learned Profession Exemption of the North Carolina Deceptive Trade Practices Act: The Wrong Bright Line?, Debra D. Burke
The Legal History of Safekeeping and Safe Deposit Activities in the United States, Richard A. Lord
The Legal Relationship Between the Bank and its Safe Deposit Customer, Richard A. Lord
The Long and Winding Road: Redistricting in Light of Shaw v. Reno, Charles W. McKeller
The Meaning of Just Cause in North Carolina Public Employment Law: Caroll and Its Progeny Provide for a Heightened Multifactor Standard for State Employee Disciplinary Cases, J. Michael McGuinness
The Need for a New Slayer Statute in North Carolina, Julie Waller Hampton
The Need for True Healthcare Reform, Professor Eleanor Kinney
The New North Carolina APA: A Practical Guide to Understanding and Using It, Jackson Nichols
The Nonprofit Hospital: A Call for New National Guidance Requiring Minimum Annual Charity Care to Qualify for Federal Tax Exemption, Gabriel O. Aitsebaomo
The North Carolina Dissent Statutes: The Seeds of Inequities Germinate, Anne Mayo Evans
The North Carolina Farm Machinery Franchise Act: Its Provisions, Context and Contribution to the Law of Franchising, Paul C. Ridgeway
The Omnibus Clause of U.C.C. Section 4-303(1)(d): A Holder's Sword or a Payor's Shield?, Charles C. Lewis
The Pearl in the Oyster: The Public Trust Doctrine in North Carolina, Valerie B. Spalding
The People Versus Corporate Welfare: North Carolina's Forsaken Opportunity to Reverse Perversion of the Commerce Clause and to Reinvigorate the Public Purpose Doctrine, Jeanette K. Doran
The "Plain Feel" Exception in Minnesota v. Dickerson: A Further Erosion of the Fourth Amendment, Nicole J. Lehmann
The Practical Entry and Utility of a Legal-Managerial Framework without the Economic Analysis of Law, James E. Holloway
The Professional Degree as Marital Property Under North Carolina's Equitable Distribution Statute, Darnell A. Batton
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 and Neil C. Magnuson
The Psychology Behind Case Briefing: A Powerful Cognitive Schema, Leah M. Christensen
The Pursuit of Proceeds by Plans, Participants and Plaintiffs' Lawyers: Dissonant Solutions to an Alliterative Problem, John R. Cella Jr.
The Quest to Achieve True “Top Quartile” Status: Creating and Sustaining an Affirming Law School Community, Patrick K. Hetrick
The Recognition of Social Host Liability in North Carolina - Hart v. Ivey, Donna L. Shumate
The Release Provision of the Uniform Contribution Among Tort-Feasors Act Applies to Vicarious Liability in the Master-Servant Context - Yates v. New South Pizza, Ltd., J. Elizabeth Spradlin
The Right to Appointment of Counsel for the Indigent Civil Contemnor Facing Incarceration for Failure to Pay Child Support - McBride v. McBride, Kurt F. Hausler
The Rise and Decline of the Intellectual Property Powers, Peter K. Yu
The Rising Tide of North Carolina Constitutional Protection in the New Millennium, J. Michael McGuinness
The Road Not Often Taken: Alternative Dispute Resolution for Common Interest Communities in North Carolina, Amy Beasley
The Role of Actual Confusion Evidence in Federal Trademark Infringement Litigation, Michael J. Allen
The Rule in Ginyard's Case: Congressional Intent or Judicial Field Expedient?, William A. Woodruff
The Substantial Certainty Exception to Workers' Compensation, Michael Doran
The Substantial Right Doctrine and Interlocutory Appeals, J. Brad Donovan
The Templeton Debates: God and Government, E. Gregory Wallace
The Trouble with Trebles: What Violates G.S. 75-1.1?, Edward M. McClure Jr.
The Uniform Probate Code's "Augmented Estate" Concept: A Remedy for the North Carolina Dissent Statute, Charles H. Munn Jr.
The Unrelated Business Taxable Income of Social Clubs: An Analysis of Section 512(a)(3)(A), Cleveland Athletic Club, Inc. v. United States, and Brook, Inc. v. C.I.R., Anthony L. Scialabba
The Use of Advanced Search and Retrieval Technology When Conducting a Reasonable Inquiry, Patrick Oot
The Use of Race in the Admissions Programs of Higher Educational Institutions - A Violation of the Equal Protection Clause?, Kevin Joyner
The Vicarious Liability of a Physician for the Negligence of Other Medical Professionals - North Carolina Charts a Middle Course - The Effect of Harris v. Miller, J. Scott Coalter
The Video Deposition as a Civil Litigation Tool, Hugh B. Lewis
Thoughts on the U.C.C. (With Apologies to Dr. Seuss), Tim Zinnecker and Meredith Lauren Zinnecker
Time Passage and the Economics of Coming to the Nuisance: Reassessing the Coasean Perspective, Roy E. Cordato
Too Late for the Truth? Retroactivity and Application of the Statute of Limitations for Filing 28 U.S.C. § 2255 Petitions, Brian E. Moore
Too Little, Too Late, Lynn R. Buzzard
Tort Law - Merchant's Duty to Protect Invitees from Third-Party Criminal Acts, John W. Watson Jr.
Tort Law: The Negligent Infliction of Emotional Distress - Reopening Pandora's Box - Johnson v. Ruark Obstetrics, Donna L. Shumate
Tort Law - The Public Duty Doctrine: Should It Apply in the Face of Legislative Abrogation of Sovereign Immunity? - Coleman v. Cooper, David S. Bowers
Tort Law - To Be or Not To Be: The Wrongful Life Cause of Action, Mary Beth Forsyth
Torts: Civil Liability in the Use of Deadly Force in North Carolina, Arvil Lee Collins
Torture and the Interrogation of Detainees, James P. Terry
Torture (book review), Amos N. Jones
To Speak or Not to Speak, That is the Question: The Impact of Attorney-Client Privilege in Prosecuting the Death of Dr. Eric Miller, William A. Oden III
Trade Dress Functionality: A Doctrine in Need of Clarification, Brett Ira Johnson
Trial Tactics in a Complex Case, Vincent Bugliosi
Tribute to Dr. I. Beverly Lake, Sr. - Foreword, Patrick K. Hetrick
Tribute to Professor William ("Bill") Stuntz, Lucas Osborn
Turning the Firm into a School: Help Your Associates Learn to Draft Contracts – The Right Way, Charles C. Lewis
Underground Storage Tanks: A Lawyer's Guide to Recent Federal and North Carolina Legislation, Thurman A. Gardner Jr.
Underinsured Motorist Coverage: North Carolina's Multiple Claimant Wrinkle - Ray v. Atlantic Casualty Insurance Co., Paul J. Osowski
Uniform Child Custody Jurisdiction Act in North Carolina, Sharon K. Allen
Uniform Commercial Code - Farmers as Merchants in North Carolina, Beverly Wheeler Massey
Uniform Controlled Substances Act of 1990, Richard L. Braun
United States Federal Trade Commission: Organization, Jurisdiction, and Procedure (in German), Matthew W. Sawchak and Christoph Ann
Universities, Colleges and the Equal Pay Act: The Fourth Circuit Analyzes a Salary Dispute in Stag v. Board of Trustees, Laura Woodworth Keohane
Unleashing the Greyhounds - The Bus Regulatory Reform Act of 1982, William E. Thoms
Untying the Gordian Knot: An Orderly Approach to Federal Jurisdiction Issues in a Basic Course in United States Constitutional Law, Thomas C. Marks Jr.
Use Versus Abuse: A Comprehensive Analysis of Nonbinding Reservation Agreements and Real Estate Developers' Ability to Freely Rescind, Douglas J. Short
Using Hindsight to Change Child Support Obligations: A Survey of Retroactive Modification and Reimbursement of Child Support in North Carolina, Beverly W. Massey
Using the Fair Sentencing Act to Protect the Criminal Defendant, Valerie B. Spalding
Using Unfair Competition Law to Deter Undocumented Immigration: Examining the Broader Implications of Recent California Litigation, Saby Ghoshray
Validity and Enforceability of Liability Waivers on Ski Lift Tickets, C. Connor Crook
Vendor Liability for the Sale of Alcohol to an Underage Person: The Untoward Consequences of Estate of Mullis v. Monroe Oil Co., Angela M. Easley
Vicarious Antitrust Liability in the Health Care Field, Dean M. Harris
Victim-Offender Mediation, Professor Jon Powell, Linda White, and Jennifer L. Kerrigan
Volume Index - Federal Statutes
Volume Index - Federal Statutes
Volume Index - Table of Statutes
Volume Index - Table of Statutes
Volume Index - Table of Statutes
Volume Index - Table of Statutes
Volume Index - Table of Topics
Volume Index - Table of Topics
Volume Index - Table of Topics
Waiving Goodbye to Waiver? Not So Fast: Inadvertent Disclosure and Waiver of the Attorney-Client Privilege, Elizabeth King
Was the First Woman Hanged in North Carolina a "Battered Spouse?", Jeffrey P. Gray
Waving Goodbye to Waiver? Not So Fast: Inadvertent Disclosure, Waiver of the Attorney-Client Privilege, and Federal Rule of Evidence 502, Elizabeth King
Webster's Real Estate Law in North Carolina: 2d ed, Robert E. Lee
Webster v. Reproductive Health Services: A Path to Constitutional Equilibrium, Mark E. Chopko
Webster v. Reproductive Health Services: Do Legislative Declarations That Life Begins at Conception Violate the Establishment Clause?, Dr. Robert L. Maddox and Blaine Bortnick
Welcome to Associate Professor Anthony V. Baker, Dean Willis P. Whichard
Welcome to Dean Melissa A. Essary, Norman Adrian Wiggins
Welcome to Dean Willis P. Whichard, Norman Adrian Wiggins
West v. Nationwide Credit, Inc. - Third Party Communication Clarified in the Fair Debt Collection Practices Act, Brian Keith Faulkner
What Exactly is a "Substantial Constitutional Question" for Purposes of Appeal to the North Carolina Supreme Court?, Justice Robert Orr
What the Supreme Court Giveth, the Supreme Court Taketh Away - Gardner v. Gardner, Alice McNeer
What Went Wrong? Torture and the Office of Legal Counsel in the Bush Administration, Robert F. Turner
When a Hotel Is Your Home, Is There Protection? - Baker v. Rushing, Amy M. Campbell
When A Hundred Grand Just Isn’t Enough: 50 Hypotheticals that Explore the Contours of FDIC Deposit Insurance Coverage, Timothy R. Zinnecker
When Government Speaks Religiously, E. Gregory Wallace
When Should a Trial Judge Intervene to Question a Witness?, The Hon. Hamilton H. Hobgood
When Two "Rights" Make a Wrong: The Protection of Nonsmokers' Rights in the Workplace, Donna C. Stroud
When Worlds Collide: Resolving Priority Disputes Between the IRS and the Article Nine Secured Creditor, Timothy R. Zinnecker
Where Will You Go When the Well Runs Dry? Local Government Ownership and Water Allocation in North Carolina, Daniel F. McLawhorn
Who Pays Arbitration Fees? The Unanswered Question in Circuit City Stores, Inc. v. Adams, Melissa G. Lamm
Who's Afraid of the CISG? Why North Carolina Practitioners Should Learn a Thing or Two About the 1980 United Nations Convention on the Contracts for the International Sale of Goods, Alicia Jurney Whitlock and Boris S. Abbey
Why Affirmative Action Remains Essential in the Age of Obama, Reginald T. Shuford
Why the United States Supreme Court's Rule in Kyllo v. United States Is Not the Final Word on the Constitutionality of Thermal Imaging, Sarilyn E. Hardee
Will the Public Policy Exception to the Employment-at-Will Doctrine Ever Be Clear? - Amos v. Oakdale Knitting Co., Victoria W. Shelton
Wise v. Harrington Grove Community Association, Inc.: A Pickwickian Critique, Patrick K. Hetrick
With Friends Like You, Who Needs a Jury? A Response to the Legitimization of Conceding a Client's Guilt, Sharon G. Scudder
Workers' Compensation - A Departure from Precedent or Past Error Corrected - Rutledge v. Tultex Corp./Kings Yarn, Sharon L. Hartman
Workers' Compensation - Death Knell of a Good Samaritan! - Culpepper v. Fairfield Sapphire Valley, Kathleen G. Sumner
Workers' Compensation - You Take (45% of) My Breath Away, Stanley Hammer and Kenneth L. Hardison
Working Around the Withdrawal Agreement: Statutory Evidentiary Safeguards Negate the Need for a Withdrawal Agreement in Collaborative Law Proceedings, Jennifer M. Kuhn
Wrong without a Remedy - North Carolina and the Wrongful Death of a Stillborn, Susan D. Crooks