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Over My Dead Body: The Legal Nightmare and Medical Phenomenon of Posthumous Conception Through Postmortem Sperm Retrieval
Get PDFPart I of this Comment lays a historical foundation of the gradual development of case law dealing with reproductive rights as they relate to postmortem conception and discusses uniform laws that have partially addressed the issue of PMSR. Part II explains more specifically the difficulties facing the legal community due to the lack of precedent on the topic and lack of legislation; it also delves into the problems of construing postmortem intent and how that uncertainty affects PMSR from the outset. The first three subparts of Part III discuss the public policy arguments against PMSR, while the fourth subpart takes a look into how society views it. The final two subparts of Part III present arguments for why PMSR should not be banned and suggest the implementation of a “Statute of Formalities” to address the problems surrounding PMSR
Do I Have to Say More? When Mediation Confidentiality Clashes with the Duty to Report
Get PDFThis Comment surveys the conflict at the state level and proposes a solution. In the first section, there will be a short discussion of mediation and the clash between the mediation rules and the Code. In the second section, the Comment will discuss the choices that are available to the states in designing mediation and professional conduct rules. This section will explore the interplay between the two sets of rules in more detail, paying close attention to what the rules allow and what they forbid. Finally, a concluding section will discuss the competing, important interests and a proposed path forward
The Discipline and Removal of Judges in North Carolina
Get PDFHistory reveals that for more than three centuries after the Lord Proprietors of the Carolina territory appointed John Willoughby the first Chief Justice in 1670 judges in North Carolina have not been sanctioned for misconduct in office by the traditional methods of impeachment and recall. The first public censure came in 1975, and the first removal from office came in 1978. However, it would be a grave mistake to assume that the judges in this State for three centuries were above reproach or that they were regarded with awe-struck reverence. Recall was never used. Impeachment proceedings were instituted but never resulted in removal. There were methods other than the traditional methods of impeachment and recall, however, which were used to correct abuses by the judiciary. We will examine in this article some of the complaints and charges against judges in North Carolina, and the methods used in imposing or attempting to impose sanctions for misconduct in office before and after the creation of the North Carolina Judicial Standards Commission in 1973
The Promise of a Cooperative and Proportional Discovery Process in North Carolina: House Bill 380 and the New State Electronic Discovery Rules
Get PDFUsing the experience of the federal courts under the 2006 Amendments as a guide, this Article examines H.B. 380 and the effect it will have on the discovery process in the state courts. Part I of this Article describes the litigation challenges created by the proliferation of ESI. Part II describes the history, structure and substance of the 2006 Amendments, and discusses their impact in the areas of cooperation and the use of proportionality principles in the federal courts. Part III describes the substance and structure of the rules changes encompassed by H.B. 380, and analyzes the effect that they will have on the discovery process in the State. Part IV discusses specific procedural tools that practitioners and courts can use under the new e-discovery rules in North Carolina to manage the exchange of ESI more efficiently
