The Meaning of Just Cause in North Carolina Public Employment Law: Caroll and Its Progeny Provide for a Heightened Multifactor Standard for State Employee Disciplinary Cases

This Article explores the doctrine of just cause in North Carolina public employment law. After a review of the leading North Carolina Supreme Court case of N.C. Department of Environment and Natural Resources v. Carroll and its progeny, this Article examines applicable just cause standards and analytical tests so that the true meaning of just cause can be better understood. Multi-factor tests are applied in order to employ a more objective just cause standard and to avoid unprincipled conclusions not founded upon established criteria

Equal Protection for Non-Suspect Class Victims of Governmental Misconduct: Theory and Proof of Disparate Treatment and Arbitrariness Claims

This article provides an overview of cases exploring non-traditional equal protection principles. In particular, it outlines Esmail v. Macrane, a decision of the Seventh Circuit Court of Appeals. Esmail better explains how equal protection is not limited to suspect classes, but applies to all individuals regardless of race, gender or other classification. The article also explores other equal protection theories such as selective enforcement, disparate treatment and gross abuse of power cases. Finally, this article develops a practical proof analysis to illustrate what can be offered to demonstrate improper intent for purposes of establishing an equal protection violation

A Primer on North Carolina and Federal Use of Force Law: Trends in Fourth Amendment Doctrine, Qualified Immunity, and State Law Issues

This Article analyzes recent trends and updates the status of use of force law under North Carolina and federal standards

A Primer on North Carolina and Federal Use of Force Law: Trends in Fourth Amendment Doctrine, Qualified Immunity, and State Law Issues

This Article analyzes recent trends and updates the status of use of force law under North Carolina and federal standards

The Meaning of Just Cause in North Carolina Public Employment Law: Caroll and Its Progeny Provide for a Heightened Multifactor Standard for State Employee Disciplinary Cases

This Article explores the doctrine of just cause in North Carolina public employment law. After a review of the leading North Carolina Supreme Court case of N.C. Department of Environment and Natural Resources v. Carroll and its progeny, this Article examines applicable just cause standards and analytical tests so that the true meaning of just cause can be better understood. Multi-factor tests are applied in order to employ a more objective just cause standard and to avoid unprincipled conclusions not founded upon established criteria

North Carolina\u27s Developing Public Policy Wrongful Discharge Doctrine in the New Millennium: Basic Principles, Causation and Proof of Improper Motive

This article reviews the recent state and federal cases construing North Carolina\u27s public policy wrongful discharge doctrine. The article also analyzes the most common practical problem that arises in wrongful discharge cases: the causation issue. Finally, the article offers a framework of analysis and a multi-part test for assessing improper motive, a difficult issue which arises in virtually all public policy wrongful discharge cases

The Rising Tide of North Carolina Constitutional Protection in the New Millennium

This article outlines a number of recent developments in North Carolina constitutional law, focusing primarily upon the most common areas where individuals need protection from abusive government power. Recent cases have demonstrated the growth and abuse of government power in North Carolina, from the smallest municipalities to the massive North Carolina state government bureaucracy. State constitutional checks and balances are necessary

Law Enforcement Use of Force: The Objective Reasonableness Standards under North Carolina and Federal Law

This article analyzes use of force law under North Carolina and federal standards. This article emphasizes methodology and leading Supreme Court, Fourth Circuit and North Carolina cases. Statutory and common law use of force standards under North Carolina law including self defense and apparent dangers are explored. The article analyzes the prevailing federal liability standards which are employed in determining whether use of force is excessive, particularly in mistaken belief\u27 cases. Finally, the nature of expert testimony typically admissible in use of force litigation is reviewed