By David Donovan
Published: May 4,2012
Frank Sinatra sang that love is lovelier the second time around, but family law attorneys say that Amendment One could create complications for widows and widowers who discover love a second time.
By David Donovan
Published: May 4,2012
Opponents of Amendment One are being cagey about what plans, if any, they might have to challenge the law in the courts if it passes May 8. Multiple organizations declined to discuss the matter, saying that they were focused on a strategy of defeating the amendment at the polls.
By David Donovan
Published: May 4,2012
Should libertarians and small-government conservatives support Amendment One? That was the question debated at event hosted by the Federalist Society in Raleigh on May 3. Polls show that much of the support for Amendment One comes from conservatives, but several high-profile Republicans have come out in opposition to the amendment.
By Paul Stam
Published: May 2,2012
Let’s look at what the amendment does and does not do. It would recognize only domestic legal unions between one man and one woman. The second sentence of the amendment makes clear that it would not prohibit private companies from entering into private contracts based on relationships chosen by the company.
By David Donovan
Published: May 1,2012
You could call it a battle of dueling academics. The stand-off started with a report produced by family law professors at the UNC School of Law, which argued that Amendment One was vaguely worded and that it could cause major, unexpected ramifications for several areas of family law beyond same-sex marriage. That led to a rebuttal by three family law professors from Campbell School of Law, who argued that the report was poorly reasoned because judges could easily figure out the intent of the amendment and apply it narrowly to same-sex marriage.
By The Associated Press
Published: April 30,2012
As a gay man who believes America's strength comes from its diversity, Stephen Dull is opposed to North Carolina carving the existing ban on gay marriage into the state constitution. Dull is one of a handful of corporate executives who have publicly voiced an opinion on the amendment voters will decide May 8. The corporations have been silent.
By David Donovan
Published: April 30,2012
Twenty-nine states have constitutional amendments banning same-sex marriage, but the scope and breadth of those amendments can vary tremendously from state to state.
By David Donovan
Published: April 23,2012
Three Campbell Law School professors argue that while Amendment One is not written as well as it could have been, courts are more likely to interpret it in a way that minimizes changes to the state’s family law.
By David Donovan
Published: April 23,2012
One University of North Carolina law professor says that if voters think a “yes” vote will result in more weddings or fewer divorces, same-sex marriage amendments in other states show that isn’t necessarily the case.
By David Donovan
Published: April 20,2012
Of the 55 words in North Carolina’s proposed constitutional amendment on marriage, three carry much potential for confusion: “domestic legal union.” As family law attorneys ponder how the amendment, if approved on May 8, would affect practice in areas like domestic violence, child custody and end-of-life decisions, they tend to focus on that phrase.
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Russell v. N.C. Department of Environment & Natural Resources Since the evidence indicated that, when plaintiffs’ lot was supposedly tested for septic tank suitability, the soil sample was apparently taken from a different lot, expert testimony was unnecessary to show professional malpractice. We affirm the Industrial Commission’s conclusion that defendant was negligent; however, we reverse the damage award and remand for further proceedings on this issue.
State v. Bean Although the state elicited evidence that defendant exercised her right to remain silent, given the other evidence of defendant’s guilt – her own admissions to a nurse, “I killed my husband just because I finally had enough of him” and “I’m guilty” and the victim’s fear that defendant would kill him – the prosecutor’s comments and questions regarding whether defendant mentioned self-defense prior to trial had little bearing on the jury finding defendant guilty.
State v. Primus Even though the list of the elements of attempted felonious larceny set out in State v. Weaver, 123 N.C. App. 276, 473 S.E.2d 362 (1996), included “falling short of the completed offense,” and even though the state proved that defendant completed the offense of felonious larceny, this does not require the conclusion that proof of the completed offense disproves the attempt to commit. The completed commission of a crime must of necessity include an attempt to commit the crime.
