Issue 6 · September 2009

North Carolina Common Law Parol Evidence Rule

By Caroline N. Brown

This article evaluates the application of the parol evidence rule by the courts in North Carolina. The article explores the tortured and murky history of the rule, to which many of the difficulties associated with its application are surely attributable. Although the North Carolina courts do a fine job with certain groups of cases, including those with merger clauses, this article points out the continuation and exacerbation of an earlier… READ MORE

87 N.C. L. Rev. 1699 (2009)

The Origins of an Independent Judiciary in North Carolina, 1663-1787

By Scott D. Gerber

An independent judiciary is one of the great American contributions to constitutional theory. This Article traces the origins of that idea in North Carolina, one of only a small handful of states to adopt it prior to the Federal Constitution of 1787. Although the North Carolina judiciary did not become independent until the state’s first constitution in 1776, the almost continuous conflict between the executive and the assembly over control… READ MORE

87 N.C. L. Rev. 1771 (2009)

Wind Over North Carolina Waters: The State’s Preparedness to Address Offshore and Coastal Water-Based Wind Energy Projects

By Joseph J. Kalo & Lisa C. Shiavinato

Nationally, there is great interest in placing wind turbines in coastal and ocean waters. At this time, no such facilities exist. However, major projects are either underway or being planned for siting on the east coast. The ocean waters off the coast of North Carolina and the waters of its large internal sounds are attracting interest because of their high wind resource potential. Therefore, the State needs to be adequately… READ MORE

87 N.C. L. Rev. 1819 (2009)

The Unmerry Widow: Spousal Disinheritance and Life Insurance in North Carolina

By Jeffrey S. Kinsler

In spite of our nation’s long-held public policy of protecting surviving spouses, some people purposely disinherit their spouses. For centuries, North Carolina more or less tolerated intentional spousal disinheritance. In 1959, in an effort to protect surviving spouses from deliberate disinheritance, North Carolina adopted a “right of dissent” statute that authorized a surviving spouse to renounce the decedent spouse’s will and receive a statutorily prescribed share (ranging from one-sixth to… READ MORE

87 N.C. L. Rev. 1869 (2009)

Falling Out of Love with an Outdated Tort: An Argument for the Abolition of Criminal Conversation in North Carolina

By Caroline L. Batchelor

Assume Bill has met Robin on the Internet. He portrays himself as a single doctor. After the tenth date Robin and Bill have sexual relations. Can Bill’s wife sue Robin? Absolutely! . . . Bill has signed a separation agreement that says he and his wife can live as if unmarried in all respects. It is signed, notarized, and drafted by attorneys. It doesn’t include a third party waiver. Bill… READ MORE

87 N.C. L. Rev. 1910 (2010)

Mapping the World Wide Web: Using Calder v. Jones to Create a Framework for Analyzing when Statements Written on the Internet Give Rise to Personal Jurisdiction

By Alexander B. Punger

In March 2007, Kathy Sierra, a well-known game developer and blogger, was scheduled to present at the Etech conference in San Diego. Instead of leading her workshop, Sierra locked herself inside her home and was afraid to leave. Sierra cancelled her appearance at the conference because she was the victim of a harassment campaign conducted over the Internet. Her tormenters sent death threats, posted threatening images, and published Sierra’s personal… READ MORE

87 N.C. L. Rev. 1952 (2009)

Holding on to Fundamental Rights is No Walk in the Park: Challenging the Constitutionality of the Park Ban Upheld Standley v. Town of Woodfin

By Emily E. Reardon

Imagine the perfect day when the sun is shining, the air is cool and clear, and the only plans for the day involve walking through town to attend a cookout with friends in the middle of the public park. Or maybe picture the day of the town’s long-awaited baseball tournament, when all town citizens are welcome to travel into the park and enjoy the open spaces and atmosphere with fellow… READ MORE

87 N.C. L. Rev. 1979 (2009)