North Carolina Clerk of Superior Court Procedures Manual


Book Description

A complete set of the manuals used by North Carolina Superior Court Clerks and their staff. Volume One includes an overview of the clerk¿s office and sets out the law and practice applicable to criminal and civil courtroom procedures and child support procedures before the clerk. Volume Two covers estates, adjudication of incompetence, guardianships, trusts, and special proceedings.




Law and Society in the South


Book Description

Law and Society in the South reconstructs eight pivotal legal disputes heard in North Carolina courts between the 1830s and the 1970s and examines some of the most controversial issues of southern history, including white supremacy and race relations, the teaching of evolution in public schools, and Prohibition. Finally, the book explores the various ways in which law and society interacted in the South during the civil rights era. The voices of racial minorities-some urging integration, others opposing it-grew more audible within the legal system during this time. Law and Society in the South divulges the true nature of the courts: as the unpredictable venues of intense battles between southerners as they endured dramatic changes in their governing values.




A Warren Court of Our Own


Book Description

"While the expansion of individual rights by the United States Supreme Court under Chief Justice Earl Warren has been the subject of extensive academic commentary, very little has been written about the Exum Court in North Carolina. The dearth of scholarship on this subject is unfortunate because Jim Exum's tenure as chief justice-like Warren's-constituted an unprecedented era of judicial boldness. This book is based primarily on a detailed review of the Exum Court's body of cases and over 45 interviews with the surviving justices from that era of the court, law clerks, practitioners, and members of North Carolina's legal academy. In addition, it draws upon contemporaneous interviews of the justices conducted between 1986 and 1995 as well as on the few existing books and articles about the members of the Exum Court and North Carolina's transformation into a two-party state in judicial elections. This book explores in depth the pathbreaking nature of the Exum Court's jurisprudence and the justices themselves in the hope of providing a better understanding of this unique and important period in the history of North Carolina's highest court and how it fundamentally changed North Carolina law"--




The North Carolina State Constitution


Book Description

North Carolina's state constitution charts the evolution over two centuries of a modern representative democracy. In The North Carolina State Constitution, John V. Orth and Paul M. Newby provide an outstanding constitutional and historical account of the state's governing charter. In addition to an overview of North Carolina's constitutional history, it provides an in-depth, section-by-section analysis of the entire constitution, detailing the many significant changes that have been made since its initial drafting. This treatment, along with a table of cases, index, and bibliography provides an unsurpassed reference guide for students, scholars, and practitioners of North Carolina's constitution. Co-authored by Paul M. Newby, a sitting justice of the North Carolina Supreme Court, the second edition includes significant constitutional amendments adopted since the date of the first edition. Almost every article was affected by the changes. Some were minor-such as the lengthening the term of magistrates-and some were more significant, such as spelling out the rights of victims of crimes. One was obviously major: granting the governor the power to veto legislation-making North Carolina's governor the last American governor to be given that power. In addition, the North Carolina Supreme Court has continued the seemingly never-ending process of constitutional interpretation. Some judicial decisions answered fairly routine questions about the powers of office, such as the governor's clemency power. Others were politically contentious, such as deciding the constitutional constraints on legislative redistricting. And one continues to have momentous consequences for public education, recognizing the state's constitutional duty to provide every school child in North Carolina with a "sound, basic education." The Oxford Commentaries on the State Constitutions of the United States is an important series that reflects a renewed international interest in constitutional history and provides expert insight into each of the 50 state constitutions. Each volume in this innovative series contains a historical overview of the state's constitutional development, a section-by-section analysis of its current constitution, and a comprehensive guide to further research. Under the expert editorship of Professor G. Alan Tarr, Director of the Center on State Constitutional Studies at Rutgers University, this series provides essential reference tools for understanding state constitutional law. Books in the series can be purchased individually or as part of a complete set, giving readers unmatched access to these important political documents.




Usurpers


Book Description

The book discusses the Republican-led North Carolina legislature's quest to control state courts. The legislature in 2011 drew biased election districts that ensured Republicans kept their majority, even when Democrats got more total votes. In 2013, Republicans even passed a law designed to keep African Americans from voting. Civil rights lawyer Anita Earls took the legislature to court for discriminating against Black voters in their voter ID law and their election districts. She laid out the undeniable evidence of racial discrimination. And the legislators' attorney, Thomas Farr, justified their actions as attempts to comply with the Voting Rights Act. The federal courts struck down the voter ID law and the racially gerrymandered districts. When lawmakers redrew the districts, Lewis stated clearly that the new boundaries would discriminate against Democrats. To keep the courts from blocking their power grabs, legislators tried to control the judicial branch. A 2013 memo from a GOP consultant advised legislators that "supreme court races are critical for long-term Republican dominance." Republicans tried to cancel the 2016 North Carolina Supreme Court election. When that failed and voters elected a progressive majority, they briefly considered a proposal to pack the court and overturn the results. Instead, legislators passed bills giving themselves more power over the other branches.Legislators passed bills that gerrymandered judges, un-packed the court of appeals, and manipulated election ballots to help Republican judicial candidates. Lawmakers passed a constitutional amendment that would give themselves control over filling vacant judicial seats. It would've opened the door to another court-packing scheme.Republicans in Washington, D.C., were pushing to nominate Farr, the GOP's lawyer, to a federal court in Eastern North Carolina, where around half of the population is Black. Rev. Barber and other activists around the country raised concerns about Farr's history of defending discrimination and his ties to a racist lawyer. In 2018, as Republicans were reshaping the federal courts, Earls ran for a seat on the state supreme court. It was a challenge for a quiet, reserved lawyer. She campaigned on a platform of judicial independence, as legislators passed laws intended to hurt her campaign.




North Carolina's Criminal Justice System


Book Description

Many students learn about criminal justice from introductory texts that are crowded with descriptions of criminal justice systems across the country in an attempt to reach a national market. Examples of police departments, court structures, and corrections agencies are drawn from major urban areas that bear little resemblance to the majority of jurisdictions within North Carolina. These texts contain current events of major media interest but not those most relevant to North Carolina. The majority of graduates from colleges and universities in North Carolina with criminal justice degrees will work in North Carolina's criminal justice system, yet the typical curriculum provides very little information about that particular system. North Carolina's Criminal Justice System surveys criminal justice in the state, including crime patterns and trends, the state constitution, state and local lawmaking, prosecution and defense, police agencies, court structure and criminal procedure, corrections, juvenile justice, and victim services. The book also covers the presence of federal law enforcement in North Carolina. Knepper explains how each aspect of North Carolina's system developed as it did, and how North Carolina's system developed as it did, and how North Carolina's institutions and practices compare with the rest of the nation. It also charts African-American firsts, from the first black correctional administrator to the first black justice on the state supreme court. North Carolina's Criminal Justice System provides essential information for anyone planning a career in the state's criminal justice system, and for professionals currently working within an agency who could benefit from an understanding of related agencies and services. It is specifically designed to provide NC criminal justice students with essential knowledge of the state's system. The book can be used as a main text or as a supplement. A teacher's manual is also available.




Civil War Courts-Martial of North Carolina Troops


Book Description

During the Civil War, Confederate military courts sentenced to death more soldiers from North Carolina than from any other state. This study offers the first exploration of the service records of 450 of these wayward Confederates, most often deserters. Arranged by army, corps, division and brigade, it chronicles their military trials and frequent executions and offers explanations of how the lucky and the clever were able to avoid their fate. Focus on court activity by company allows for comparisons that emphasize the wide disparity in discipline within a regiment and brigade. By stressing the effectiveness of these deadly decisions as deterrents to others, this work maintains that an earlier and wider reliance on execution would have strengthened the Confederacy sufficiently to force a negotiated end to the war, thus saving many Confederate and Federal lives.







Model Rules of Professional Conduct


Book Description

The Model Rules of Professional Conduct provides an up-to-date resource for information on legal ethics. Federal, state and local courts in all jurisdictions look to the Rules for guidance in solving lawyer malpractice cases, disciplinary actions, disqualification issues, sanctions questions and much more. In this volume, black-letter Rules of Professional Conduct are followed by numbered Comments that explain each Rule's purpose and provide suggestions for its practical application. The Rules will help you identify proper conduct in a variety of given situations, review those instances where discretionary action is possible, and define the nature of the relationship between you and your clients, colleagues and the courts.




North Carolina Trial Judges' Bench Book, District Court, Vol. 1


Book Description

The North Carolina Trial Judges' Bench Book, District Court, Vol. 1, Family Law, 2021 is a comprehensive legal reference created for North Carolina district judges. It provides summaries of North Carolina law governing cases routinely heard in district court. Chapters cover topics including equitable distribution, child support, child custody, spousal agreements, postseparation support and alimony, and more. The School of Government offers North Carolina Trial Judges' Bench Book, Volume 1, Family Law and its individual chapters for sale in a print and PDF format. Please visit www.sog.unc.edu/publications.