Addendum
Judicial Independence Revisited: Judicial Elections and Missouri Plan Challenges
In Public Funding of Judicial Campaigns: The North Carolina Experience and the Activism of the Supreme Court, Professor Paul Carrington provides a thorough overview of the history of judicial selection in North Carolina as well as the alleged problems with judicial elections. In particular, Professor Carrington argues that recent Supreme Court decisions affecting the speech rights of judicial candidates and their supporters have created a “national crisis” and have rendered… READ MORE
90 N.C. L. Rev. Addendum 61 (2012)
The Right to Bear Arms and the Abominable Snowman: How Six Inches of Snow Swallowed a Fundamental Right
Hurricane Katrina brought unparalleled devastation to the Gulf Coast of the United States. In the wake of the storm, lawlessness descended upon the city of New Orleans. Looters ravaged the city, and innumerable reports of arsons, carjackings, rapes, and shootings overwhelmed local authorities. Law enforcement officers were simply incapable of responding to many of the calls; indeed, some officers completely abandoned their posts. In response to all these heinous crimes,… READ MORE
90 N.C. L. Rev. Addendum 84 (2012)
Transfer on Death Deeds: Benefit or Burden? A Proposal for Transfer on Death Deed Legislation in North Carolina
Real property is a unique concept upon which ideas of property ownership and testator rights have been added to form a multifaceted spectrum of law. An individual’s right to own and devise real property is rooted in common law principles and secured by expectations of testamentary freedom. In an effort to protect these rights, owners execute wills and trusts to maintain control of the distribution of their property after death. Once… READ MORE
90 N.C. L. Rev. Addendum 106 (2012)
Serving a Summons by First Class Mail: Why Bankruptcy Rule 7004(b)(1) Violates Due Process
Even though it has been accepted and widely used throughout the nation for thirty-five years by courts, practitioners, and commentators, the service method of delivering a summons and complaint solely by first class mail under Bankruptcy Rule7004(b)(1) violates due process. Bankruptcy court jurisdiction was vastly expanded after the bankruptcy rules first authorized service by first class mail. This expansion fundamentally changed the nature of bankruptcy proceedings for which mailservice could… READ MORE
90 N.C. L. Rev. Addendum 1 (2011)
Judged by the Sum of Our Actions? The Relevance of Non-Party Behavior in State v. Mello
Part I of this Recent Development lays out the issue of first impression in North Carolina and critically analyzes how the majority decision in the court of appeals, affirmed by the state supreme court, came to its holding. This section also analyzes the dissent’s arguments and observes underlying tensions in the opinion that reveal greater insight into the dissent’s position. Part II examines background Fourth Amendment case law by order… READ MORE
90 N.C. L. Rev. Addendum 41 (2011)
Paradigms of Plagiarism: Fair Use and Plagiarism Detection Software in A.V. ex rel. Vanderhye v. iParadigms, LLC
Multiple surveys taken over the past four years indicate that a large portion of undergraduate students at America’s colleges and universities admit to cheating on a college exam or assignment. In fact, in one survey, over fifty percent of college students confessed to having plagiarized from the Internet. As information has become easier to access, students are increasingly tempted to plagiarize content from online sources. More troubling, many students who… READ MORE
89 N.C. L. Rev. Addendum 29 (2011)
Murders & Executions: The SEC’s Regrettable Reluctance to Formalize a Finder’s Exemption in M&A Transactions
“Mergers and acquisitions” is an often misunderstood and perhaps intimidating field encompassing both complex transactional law issues, as well as specialized business practices. Since the decade of the 1980s and the birth of the hostile takeover, business combinations have become more frequent and involve increasingly large capital expenditures. So numerous have mergers and acquisition transactions become, popular culture has embraced their drama in both film and novel. While the volume… READ MORE
89 N.C. L. Rev. Addendum 16 (2011)
No Brothers Allowed: How Expanding a Juvenile’s Miranda Rights Backfired on a North Carolina Sheriff’s Department
Imagine watching the nervousness wash over fifteen-year-old Micah. His parents have brought him to the sheriff’s office to talk with a female detective about sexual contact he allegedly had with his younger brother Jake. He does not want to talk with the detective alone—it would be embarrassing to talk to a female about this, and talking one-on-one would be intimidating. And there is no way he would allow his parents… READ MORE
89 N.C. L. Rev. Addendum 1 (2011)
Hall v. Torero’s II, Inc.: Drunken Driving, Bar Liability, and the Quest for Safer Roadways
Tragedy can strike in the blink of an eye. For Michael and Theresa Hall, tragedy struck at approximately 10:40 p.m. on December 3, 1997. That evening the couple was driving on Guess Road in Durham, less than a mile from Torero’s, a local Mexican bar and restaurant. Unbeknownst to them, William Terry, an admitted alcoholic, was driving in the opposite direction. Terry had spent the evening at Torero’s consuming numerous… READ MORE
88 N.C. L. Rev. Addendum 22 (2010)
A Time for Action: Reforming the North Carolina Tax Code
The economic recession has forced almost all states to make difficult budget decisions, including cuts to education funding and other essential government services. North Carolina is no exception. Faced with a projected $4.6 billion budget shortfall, the General Assembly last year cut services, increased taxes, and yet still had to rely on federal recovery funds to balance the budget. While the depth of the recession may have made last year’s… READ MORE
88 N.C. L. Rev. Addendum 1 (2010)