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Out of Luck: The Effect of the North Carolina Supreme Court\u27s Decision in In Re Lucks and its Impact on the Law of Foreclosures
Get PDFSince the early 1700s, defaulting borrowers have lost property to foreclosures by power of sale. Traditionally, North Carolina courts have understood the Rules of Civil Procedure to apply to foreclosures by power of sale. The issue of whether subsequent defaults on the same debt were barred by the doctrine of claim preclusion and the two-dismissal rule often occurred. In re Lucks, a 2016 case from the North Carolina Supreme Court, held that the Rules and doctrines do not apply to foreclosures by power of sale. This decision failed to settle the confusion around the application of the Rules to foreclosures by power of sale, and in fact caused much more confusion. This Comment addresses the problems with the decision, as well as their implications, and suggests that the legislature must step in to resolve the issue promulgated by Lucks
Barring Access to the Truth: North Carolina\u27s Limiting Approach to Police Body-Camera Footage
Get PDFPolice body-cameras are innovative, truth-detecting tools. When it comes to controversial citizen-law enforcement interactions, they can depict an accurate portrayal of the events. No speculation, no controversy-just the truth. And with the truth, the existing tension between law enforcement officials and the general populace can begin to ease. Although these body-cameras are widely used, states such as North Carolina have enacted legislation that severely restricts access to such footage.
North Carolina General Statutes section 132-1.4A does two things. First, it requires individuals captured in footage to seek judicial approval for the disclosure or release of footage. Second, it completely bars access to footage for all other members of the public. Restricting access under section 132-1.4A creates incredible uncertainty as to how the statute interacts with North Carolina\u27s discovery rules. It also stalls public policy goals aimed at easing the tension between law enforcement officers and the public.
To address these concerns, section 132-1.4A must be amended to reflect a more moderate piece of legislation. General disclosure should be the norm in the absence of a few limited exceptions. If no exception applies, the burden must be placed on law enforcement agencies to prove why disclosure should not be permitted. This proposal embodies the purpose behind the initial implementation and utilization of police body cameras- to provide access to the truth
One Hundred & Thirty-Third Spring Commencement (2019)
Get PDFhttps://scholarship.law.campbell.edu/commencement/1097/thumbnail.jp
The Shadow in the Comments Section: Revealing Anonymous Online Users in the Social Media Age
Get PDFIn 2018, the world is no longer outside our windows, but rather it is just behind the screens of our laptops, tablets, or smartphones. This modern shift in how our society conducts itself opened the door to a distinct sub-breed of humanity. the cyber bully, the troll, the troubled person finding therapeutic escape by attacking others from the safety of a desk chair. The ability to post anonymously empowers this portion of society to humiliate, harass, and destroy the lives of others, often doing so with a disconnect between the real world and online.
The harm caused by anonymous postings has made its way to the courts numerous times. Plaintiffs seek retribution in some form, but in order to build their case they must first ascertain the identity of their abuser. The problem is that the First Amendment of the Constitution not only protects free speech, it also protects anonymous speech. Thus, courts must perform a balancing act.: the interest in the right to speak anonymously versus a plaintiff\u27s right to seek redress. Courts have struggled applying this balance, and the result has been a lack of consistency or certainty as to what a plaintiff and an anonymous defendant can expect in any given case. This Comment examines past decisions applying this balance, the history behind the established right to anonymous speech, and proposes a type-based method solution
