Come Celebrate Talk Like A Pirate Day with Us on September 19th!!!

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Greetin’s and salutations me hearties!

Plan t’ join us in t’ Library on Friday, September 19, as we celebrate

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Several activities have been planned, including:

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Professor Tony Ketron will be speakin’ about modern day pirates in t’ Library at 10:30 in t’ East Readin’ Area on t’ 5th floor (just past t’ Administrative Offices, beyond 525).

He be currently writin’ a book about Somali pirates.

Coffee will be served and we’ll have some comfortable seatin’ available for you.

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Want t’ know what your true pirate name is?

We’ll have name generators available t’ quench your curiosity about such thin’s. And you can try on several t’ find which one suits you best.

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And if words be more t’ your likin’, Pirate Poetry will be available . . .

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How about throwin’ in t’ win a study room durin’ mid-terms or finals and gain a little knowledge along t’ way? Follow our treasure map t’ t’ booty and be entered into a drawin’ t’ win.

Details will be available at t’ Circulation Desk.

And of course you can don your finest pirate apparel if you like!

See you Friday in the Library!

Fair winds and following seas!

~ Mad Jenny Flint ~

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CSL Paralegal Certificate Program: Spring 2015

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Paralegal Certificate Program (PCP)

Charlotte School of Law’s Professional Education Division is offering a six-month Paralegal Certificate Program that includes internship opportunities.

Program Dates: January 12 – May 28, 2015
Mondays, Tuesday, and Thursday from 6-10p
Graduation: June 5, 2015

Apply Here: http://www.charlottelaw.edu/paralegal/how-apply
Email us: paralegal@charlottelaw.edu
or call: (704) 808-8030

Find us on Facebook: https://www.facebook.com/CharlotteLawParalegalProgram

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ALR Student’s Corner: Shuford North Carolina Civil Practice and Procedure with Appellate Advocacy

Introduction

A legal treatise is a scholarly legal publication that contains in-depth information related to a particular area of law. Legal treatises are authoritative secondary sources written by scholars for the purposes of providing practitioners with a “framework of analysis” and offering annotations to primary authority that stand for the rule of law.  For these reasons, treatises are great starting places for any research project.  Shuford North Carolina Civil Practice and Procedure with Appellate Advocacy (6th edition, West) (herein referenced as Shuford) by Alan D. Woodlief, Jr., Associate Dean for Admissions and Administration and Associate Professor of Law at Elon University School of Law, is one such treatise to reference when looking for detailed information concerning the practice of civil law in North Carolina.

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About Shuford North Carolina Civil Practice and Procedure with Appellate Advocacy

Shuford is a single-volume practice guide that explains and analyzes application of the North Carolina Rules of Civil Procedure. Each chapter corresponds to a particular rule of civil procedure and includes the text of the rule, an explanation of its application, interpretation of the rule by the appellate court and research references that expound on the rule. The book is divided into two parts: Part I contains Civil Procedure and Part II contains Appellate Advocacy.   This latter section is fairly new and addresses the evolving needs of attorneys by helping them to “synthesize the overlapping rules, statutes, and case law that govern North Carolina appellate practice.”  As more attorneys take-on appellate work, this guide will help them understand and navigate appellate practice.

The annotations to case law, located in the footnotes, separate Shuford from being a mere recitation of the rules of civil procedure. Relevant case law and statutory authority provide deeper insight and context to each rule and its application. Additionally, the footnotes point the practitioner to trends in the field, while also providing comparisons between the state and federal rules of civil procedure.  However, a research tool missing from Shuford are checklists which provide the practitioner with guidance for filing motions and other court documents and proceeding with discovery.

The print version of Shuford is located in the “Reference: Carolinas” section at the Charlotte School of Law library; the call number (KFN.7930.S53) can be accessed via the library catalog with the search term, “Shuford.”  The catalog additionally provides a link to the electronic version of Shuford on WestlawNext.  To access the resource on WestlawNext, drill down in accordance with the following navigational path: “Browse: All Content” > “Secondary Sources” > “North Carolina” > “Texts & Treatises” > “Shuford North Carolina Civil Practice and Procedure with Appellate Advocacy.”

How to Search Shuford North Carolina Civil Practice and Procedure with Appellate Advocacy

To demonstrate how easy and helpful this practice guide is, let’s conduct a hypothetical search.  Suppose you were looking for the appropriate form to commence a negligence action on behalf of a client.  Upon consulting the detailed table of contents, you see that “Chapter 3: Commencement of Action” discusses when a complaint is deemed filed and an action commenced.  There, you cull a better understanding of the requisite steps for the commencement of an action and find the appropriate forms, which, as per your client, is §84.3 – Complaint For Negligence.  This particular form, like the others, shows practitioners and law students the appropriate format and content pieces (i.e. terms of art, clauses, other specific language) of a multitude of legal documents.  To access this same form on WestlawNext, drill down to Shuford, select “Part I: Civil Procedure,” and then search within that part with the following search string: complaint /3 negligence.

Conclusion

Shuford North Carolina Civil Practice and Procedure with Appellate Advocacy is a great secondary source for gaining in depth knowledge, annotations, and forms related to the rules of civil practice and procedure in North Carolina.

~ Latoya Gardner, L’15 ~

 Class Advisor – Cory M. Lenz, Esq.

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MyHein — A HeinOnline Tool

HeinOnline is known for their extensive journal collection and historical volumes of Federal documents, but did you know that they have more valuable tools to offer?

MyHein is a complimentary tool designed to create and organize bookmarks to documents and search queries, as well as create eTOC (table of contents) and search query alerts using your own personal research account.

To take advantage of this great tool you need to click on the “MyHein” tab from your HeinOnline home page and register for a new account.

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Once you create a MyHein account you are all set to use the personalized research features. Keep in mind that you still need to access HeinOnline through the school’s IP address or by using your student ID badge, and your MyHein account is NOT your log-in to HeinOnline.

Some of the features of your MyHein account are:

Bookmarks:  save your research documents to your MyHein account and access them at a later time without searching for them again.

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Saving Search Queries: How many times do you create the perfect search string, which yields the perfect results, and can’t remember the search terms used when you need them at a later time? Well worry about this no more because MyHein has you covered. With the “save search queries” feature HeinOnline will keep a record of each search query that you save in your account. This feature takes it a step further and emails you every time new results are found for your search (after new content is added to HeinOnline).

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eTOC Alerts: With this new feature you get an alert every time a title of interest is updated.

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Notes: bookmarked a document, saved a query, or created an eTOC for a specific reason? Well make note of it with the MyHein notes feature. Notes remain attached to the document/search until you delete it.

Export: You can export your saved bookmarks to email, CSV file, RefWorks, or EndNote.

~Minerva Mims~

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Links We Love Weekly Round-Up — September 15, 2014

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NYPL Sees Success with #Ireadeverywhere Initiative

On August 5, the New York Public Library (NYPL) launched a social media initiative using the hashtag #Ireadeverywhere. Participants post pictures of themselves on social media reading something—books, e-readers, magazines—in whatever location they want using the designated hashtag.

Lawyer Forms a National Group to Link Food Truck Associations

In 2009, Matt Geller got a call from a friend who was part of the burgeoning Los Angeles food truck industry. The truck had been shut down for violating a local ordinance requiring bathroom access, and his friend was losing thousands of dollars.  Geller, a 2008 UCLA School of Law graduate, wasn’t a practicing lawyer (he wanted to pursue politics), but he had years of experience in the restaurant business and had also done a summer in a city councilman’s office.  Eventually, Geller determined that the shutdown order was bogus—and that bogus enforcement was common. “I got together with some food truck operators and listened to their stories, and they were all pretty bad,” Geller says. “There were regulations that were being enforced that no longer existed.”  And suddenly Geller was a leader in the food truck movement.

What Happened to the Information Removed from PACER?

UNC has compiled the following to let you know how you would access the information previously available, but now removed, from PACER. We include below both the information for requesting the information directly from the courts affected and also availability of information on commercial databases.

Why Everyone should Read Harry Potter

Tales of the young wizard instill empathy, a study finds

Do Stand Up Comedians Take Knowledge Management More Seriously than the Average Lawyer?

Apparently Milton Berle and George Carlin had also developed sophisticated systems for organizing and retrieving their jokes. Bob Hope had what was called a “joke vault.” Lawyers like stand up comics live by their wits and have to be prepared with their “best material” in every context. The average 21st Century lawyer has the advantage of access to sophisticated technology, yet they remain largely adverse to contributing even the most basic descriptive  attributes (e.g. a meaningful  title beyond the word “memo” or ” contract”)  for documents they may have invested weeks in drafting.

Despite Higher Costs, Charlotte Streetcar Moves Ahead

Despite concerns over escalating costs, the Charlotte City Council on Monday approved a plan to build a $150 million streetcar extension, with the federal government to pay for half of the cost if the city secures a grant.

What Apple’s Changing After Massive Celeb Hack

Apple CEO Tim Cook spoke with the Wall Street Journal about some changes the company is making in response to the massive celeb hacking of 2014.

Top Signs You Are a Gunner

Are you a gunner? Here’s a Bitter Lawyer reference guide to help determine if you are one—or to confirm the gunner status of any Eugenes in your professional or personal life.

Montaigne and the Double Meaning of Meditation

“There is no exercise that is either feeble or more strenuous … than that of conversing with one’s own thoughts.”

A Neutral Guide to Net Neutrality

Net Neutrality has been the topic of intense conversation recently, as the FCC solicits and considers public comments about how to regulate Internet traffic. We’ve put together the overview below to help you understand the issues and players that influence the way we use the Internet daily for business, research, entertainment, and social activities.

Two Top Democrats Push Back against FCC’s Net Neutrality Plan

Two senior congressional Democrats have taken steps to push back against the Federal Communications Commission’s net neutrality plan, bringing high-profile opposition to the proposal by President Barack Obama’s top telecommunications regulator.

Caffeine: The Silent Killer of Success

This week’s tip for improving your performance is the most simple and straightforward method I’ve provided thus far. For many people, this tip has the potential to have a bigger impact than any other single action. The catch? You have to cut down on caffeine, and as any caffeine drinker can attest, this is easier said than done.

In Cheeky Pushback, Colleges Razz Rate My Professors

The Internet can be a nasty place, as academics know well from Rate My Professors. … Many professors assail the website and anything that might give it credence. But at least some faculty members have recently concluded that the best way to challenge the site and its unsubstantiated ratings is to mock it without mercy.  Lehigh University became the latest institution to use the website as fodder for comedy. Taking a cue from a popular late-night comedy trope in which celebrities read cruel tweets about them, Lehigh filmed faculty members reading negative comments about themselves from Rate My Professors, and posted the videos online.

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Now Hiring: Bloomberg BNA Student Product Advocate for Charlotte Law

Bloomberg BNA is seeking an energetic, highly motivated and creative Bloomberg Law Product Advocate to support our organization at your school. The successful candidate will be fully trained to use Bloomberg Law and share expertise with fellow students. This position offers a unique and significant opportunity to shape and build one of the most exciting legal research resources in the legal information services industry!

So, current Charlotte School of Law students — are you interested?

To apply, please visit the Charlotte School of Law Career Services Manager and submit your resume ASAP!

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ALR Student’s Corner: Elements of Civil Causes of Action in North Carolina

I can only imagine what life will be like as a practicing attorney, and when I do, it often makes me nervous because work and life will be busy considering it takes a lot of commitment and excellence to stay abreast of the law which is ever changing.  But then I discovered Elements of Civil Causes of Action in North Carolina (2nd ed. 2014) by Douglas Scott MacGregor and Alyssa Rosen and published by the North Carolina Bar Association Foundation.

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This single-volume, annotated resource relieves my anxiety because, like most other practice guides, this one is put together by lawyers for lawyers to use in practice.  So, the practice guide does much of the early research for you, explaining the rule of law and any applicable exceptions in clear, concise language and offering annotations to relevant case law and statutory authority.  Elements of Civil Causes of Action in North Carolina covers 38 of the most frequently filed causes of action in North Carolina, breaking each down according to definitions, elements, defenses and remedies.  I dream that my class outlines could be as well organized as this resource.  It is important to note that this resource exists only in print; there is no electronic version.  The print version of Elements of Civil Causes of Action in North Carolina can be located in the “Reference: Carolinas” section at the Charlotte School of Law library; the call number (KFN7933 .M33 2014) can be accessed via the library catalog with the following search string: “elements north carolina.”

Using the table of contents is the quickest and most efficient way of navigating to a particular cause of action as each is presented in its own chapter.  At the end of each chapter, endnotes provide additional references to journal articles, cases, and statutes that provide background information about the particular cause of action and the legal authority that stands for the rule of law.  Chapter titles include such causes of action as assault, battery, infliction of emotional distress and negligence.   At first glance, this is a clear throwback to Torts class, but other “non-doctrinal torts” are also covered such as the cause of action called “wrongful conception, wrongful birth and wrongful life,” also known as prenatal torts.

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I had never heard of wrongful conception, wrongful birth and wrongful life, but learned from Elements of Civil Causes of Action in North Carolina that the Court of Appeals first recognized the tort in 1986.   These types of cases are usually brought by the parents of a child whose physician negligently performed an abortion or sterilization procedure or by a couple whose physician or pharmacist negligently performed a vasectomy or improperly filled a birth control prescription.  These prenatal torts are generally brought under a plaintiff’s medical malpractice claim, and the North Carolina Supreme Court has established that, to state a claim for malpractice, the plaintiff must establish the following: 1) there was a duty; 2) there was a breach of that duty; and 3) damages or injuries proximately resulted from that breach.

If you are ever working through a fact pattern that involves the alienation of affection, neglect, wrongful birth, or a similar tort, take the time to review Elements of Civil Causes of Action in North Carolina, a great resource to use when becoming familiar with an unfamiliar area of law.

~ Raeneice Taltoan, L’16 ~

 Class Advisor – Cory M. Lenz, Esq.

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