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Statutory Standard of Care for North Carolina Health Care Providers
oai:scholarship.law.campbell.edu:clr-1003This comment will examine the North Carolina statutory standard of care applicable to health care providers. Emphasis is directed to practical aspects. The topics selected for discussion are: review of relevant statutes, case law requirements to establish the standard of care, statutory effect of same or similar community , obtaining competent expert testimony, viability of national standards and uniform treatment, and the potential of an absolute defense as a statutory flaw. Finally, an equitable interpretation is proposed to eliminate this flaw
Trial Tactics in a Complex Case
Vincent Bugliosi is the best-selling author of Helter Skelter and Till Death Us Do Part. Noted for his aggressive prosecution of Charles Manson and the Manson Family for the Tate-La Bianca murders, Vincent Bugliosi is considered one of America\u27s foremost prosecuting attorneys. Bugliosi reveals his secrets on successful trial tactics in a complex case in the following speech sponsored by the Campbell University Student Bar Association
Defining Inadequate Performance under the North Carolina Tenured Teacher Fair Dismissal Act
The purpose of this comment is to provide a prospective definition for the term inadequate performance as it is used in the North Carolina Tenured Teacher Fair Dismissal Act. Through this effort, we hope that school boards and professional educators gain insight into the potential statutory constructions of inadequate performance and plan to avoid protracted litigation concerning a teacher\u27s dismissal in North Carolina specifically on the grounds of inadequate performance
Criminal Procedure - Rape Victim Shield Statute
Recently the Supreme Court of North Carolina considered for the first time the constitutionality of North Carolina\u27s rape victim shield statute, N.C. GEN. STAT. § 8-58.6 (hereinafter referred to as G. S. 8-58.6, or the statute ). In State v. Fortney, the court upheld the statute as free from constitutional defect. Mr. Justice Carlton, writing for the court, examined the defendant\u27s argument that his constitutional right of confrontation had been violated because the statute prevented him from automatically questioning a prosecuting witness about her prior sexual experiences. The court did not concur. In upholding the statute, the court cited three reasons for rejecting the defendant\u27s contentions: (1) there is no constitutional right to ask a witness irrelevant questions; (2) in its impact and application, G. S. 8-58.6 is primarily procedural and does not alter any of the defendant\u27s substantive rights; and (3) valid policy reasons support the statute. The apparently liberal construction of its language may have weakened the statute\u27s capacity to shield rape victims, but the Fortney court\u27s interpretation significantly strengthened the statute\u27s defense against constitutional attack
Lecture & Discussion
A Catholic ethicist and historian of religion and science, Dr. Thompson will speak on the case of Buck v. Bell, which authorized states to engage in eugenics programs