Publications by Members of the Firm


Books & Monographs

Navigating The First Year of Law School (Carolina Academic Press 2016).

North Carolina Civil Trial Practice (Juris Publishing, Inc 2012-present)

Legal Counseling, Negotiating & Mediating: A Practical Approach (Carolina Academic Press 2009)

The Nonconforming Use in North Carolina Zoning Law: Text and Model Ordinance, (Institute of Government 1976)

North Carolina Volunteer Fire Department Journal (1995 to present)

The Order Of The Golden Fleece At Chapel Hill, 1904-2004: America’s First Honor Society For University Leaders (The University of North Carolina at Chapel Hill Library 2005).

Plea Bargaining (4th ed. Juris Publishing, Inc. 2017)

A Practical Approach to Client Interviewing, Counseling, and Decision-Making: For Clinical Programs and Practical-skills Courses (Carolina Academic Press 2009)

Practical Evidence: The Law, Foundations, and Trial Techniques (2d ed. West Group 1999).

Preparing Ordinances Regulating Mobile Homes and Mobile Home Parks in North Carolina: A Guidebook (Institute of Government 1976)

Selected Major Issues in North Carolina Zoning and Land Use Law (1986)

A Unified Development Ordinance (American Planning Association 1985)

The Zoning Board of Adjustment in North Carolina (Institute of Government 2d. ed. 1984)

 

Articles

“The Future of Impact Fees in Light of Quality Built Homes, Inc. v. Town of Carthage, 789 S.E.2d 454 (N.C. 2016),” N.C. Bar Association, 2017 Zoning Planning & Land Use Section Annual Meeting (April 6, 2017).

Op-ed article: Gorsuch on the Supreme Court Will Not Cause the Sky to Fall, THE HERALD SUN (February 10, 2017).

“Illegal Fees and Attorneys’ Fees, N.C. Bar Association, 2016 Zoning, Planning & Land Use Section Annual Meeting (March 18, 2016).

Op-ed article: When Politics Becomes a Team Sport, We All Lose, THE NEWS & OBSERVER, (February 2, 2016).

“Arguing For a Broad Construction of the Zoning Power,” N.C. Association of County Attorneys Winter Conference (UNC School of Government, February 6, 2015).

“The Current Scope of Local Government Land-Use Regulation Powers: Have We Turned Back to the 1870s?,” 18 The North Carolina State Bar Journal, No. 4 at 8-12 (Winter 2013).

“Legal Talking Points for Interpreting Lanvale Contextually,” N.C. Municipal Attorneys Winter Conference (UNC School of Government, March 14-15, 2013).

“Major Overhaul of Annexation Statutes: What Does It Mean for Land Use Practitioners?,” Land Use Law Quarterly (NC Bar Association January, 2012)

“New Statute Makes Important Changes to the Statute of Limitations Applicable to Challenges to Zoning Ordinances,” Land Use Law Quarterly (NC Bar Association October, 2011).

“An Introduction to Form-Based Zoning,” Land Use Law Quarterly (NC Bar Association April, 2010).

“Land Use Options for Protecting Downtown as a Retail Destination,” Land Use Law Quarterly (NC Bar Association, December, 2009).

“Effective Advocacy in Mediation,” 11 The North Carolina State Bar Journal, No. 2 at 16 (Summer 2006); reprinted in Civil Trial From Start to Finish at 54-58 (National Business Institute, Eau Claire, Wisconsin, July 2006); reprinted in General Practice Plus at 3 (Virginia State Bar, General Practice Section, Spring 2007).

“How to Value a Case for Negotiation and Settlement,” 10 THE NORTH CAROLINA STATE BAR JOURNAL, No. 2 at 32 (Summer 2005); reprinted in 31 THE MONTANA LAWYER, No. 3 (November, 2005).

“10 Tools for Mediation Caucuses,” 41 TRIAL, No. 5 at 66 (May, 2005).

“Getting the Most Out of Your Appraiser (Updated),” CLE International Eminent Domain Conference (August 14-15 2003).

“Local Regulation of Intensive Livestock Operations After Craig v. County of Chatham,” North Carolina Bar Association CLE Program (October 4, 2002).

“The Law of Depositions in North Carolina,” North Carolina Academy of Trial Lawyers CLE Program (January 11, 2002).

“Fighting Crime Through Nuisance Abatement,” 19 Campbell Law Observer No. 19, at 1 (January 1998).

“Appendices: Practice Pointers for Brief Writing, and Practice Pointers for Oral Argument,” in Duncan & Solari, North Carolina Appellate Advocacy, (The Harrison Co., 1995 Supplement).

"What’s New About Punitive Damages,” 43 The North Carolina State Bar Quarterly, No. 2, at 6 (Spring, 1996).

“Enter Opening Statement: Staging the Case,” 31 Trial No. 7, at 57 (July, 1995); reprinted for the Women Lawyers Assoc. of Los Angeles 2nd Annual Women Litigators Forum, Nov. 11, 1995, and the Philadelphia Bar Association Annual Education Conference on “Effective Trial Advocacy,” December 4, 1996.

“How to Master Direct Examination: Practical Perspectives,” 31 Trial No. 4, at 70 (April, 1995); reprinted in 41 The Trial Lawyers Guide, No. 2 (Summer 1997); reprinted by the Pennsylvania Bar Institute, Continuing Legal Education (1997).

“Oral Deposition Taking,” Chapter 6 in Civil Discovery Practice in North Carolina (Law Practice Handbooks, Inc. 1995).

“Out of Focus: The Fuzzy Line Between Regulatory ‘Takings’ and Valid Zoning-Related ‘Exactions’ in North Carolina and Federal Jurisprudence,” 16 Campbell L. Rev. 3 (1994).

“Taking a Deposition Under North Carolina Law,” 21 N.C. Central Univ. Law Journal No. 2, at 215 (1995).

“A Practical System for Legal Research,” 21 N.C. Central Univ. Law Journal, No. 1, at 85 (1994).

“The New Amendments to the Federal Rules of Civil Procedure,” 41 The North Carolina State Bar Quarterly, No. 2, at 26 (Spring, 1994).

“Preserving the Record for Appeal Under North Carolina Law,” 40 The North Carolina State Bar Quarterly, No. 4, at 32 (Fall 1993).

“Preserving the Trial Record for Appeal,” 29 Trial, No. 10, at 45 (1993).

“Effective Appellate Oral Argument,” 16 The Champion, No. 10, at 43 (December, 1992).

“The Case for Submitting Written Instructions to the Jury,” 39 The North Carolina State Bar Quarterly, No. 4, at 14 (Fall, 1992).

“Practice Pointers for Appellate Oral Argument,” 28 Trial, No. 10, at 64 (October, 1992); reprinted in Brinkos, Janet L., Course Book on: "The Woman Advocate '94" (Seminars sponsored by Prentice Hall Law & Business and the Section of Litigation of the American Bar Association, April 14-15, 1994 in New York City; May 5-6, 1994 in Chicago; and May 19-20, 1994 in San Francisco); reprinted for the King Hall Civil Rights Clinic Student Manual, University of California School of Law at Davis (1996); reprinted for the Federal Public Defender, District of New Mexico seminar on “How to Do a Federal Criminal Appeal,” February 27, 1998 in Las Cruces, New Mexico; reprinted for St. John’s University School of Law (summer course, 1999); reprinted for the Honorable Rhonda Reid Winston, Superior Court of the District of Columbia, presentation at the Charlotte E. Ray Inn of Court meeting, October 23, 2003.

“How to Do a Federal Criminal Appeal,” February 27, 1998 in Las Cruces, New Mexico.

“Practice Pointers for Appellate Brief Writing,” 28 Trial, No. 9, at 122 (September, 1992); reprinted for the Federal Public Defender, District of New Mexico seminar on

“Effective Appellate Brief Writing,” 16 The Champion, No. 7, at 35 (August, 1992).

“Appellate Oral Argument in Epitome,” 39 The North Carolina State Bar Quarterly, No. 3, at 8 (Summer, 1992).

“Appellate Brief Writing in Epitome,” 39 The North Carolina State Bar Quarterly, No. 2, at 6 (Spring, 1992).

“The North Carolina Supreme Court’s New Frivolous Appeal Rule,” 36 The North Carolina State Bar Quarterly, No. 3, at 16 (Summer, 1989).

“A Comparative Summary of Current State Drug-Testing Legislation,” 3 Employee Testing & the Law, No. 6, at 1 (June 1988).

“Limiting Litigation Over Land Use Decisions,” Public Risk, (Public Risk Management Association, Sept./Oct. 1988).

“Is North Carolina’s Frivolous Appeal Rule Frivolous?,” 9 Campbell Law Observer, Nos. 3 and 4 (April & May, 1988). (Effective July 1, 1989 the N.C. Supreme Court adopted a new Appellate Rule 34 as proposed in this article).

“Negligence in Employee Drug Testing,” 92 Case & Comment, No. 4, at 3 (July-Aug. 1987); reprinted in 1 Employee Testing & the Law, No. 4, at 1 (Dec. 1986), and 19 Trial Briefs, No. 3, at 27 (1987).

“Intentional Infliction of Emotional Distress in Employee Drug Testing,” 2 Employee Testing & the Law, No. 3, at 1 (1987).

“Double Criminality and Complex Crimes,” Chapter 12 in Nanda & Bassiouni, International Criminal Law--A Guide to U.S. Practice and Procedure, (Practicing Law Institute, 1987), at 365; reprinted for the National Association of Criminal Defense Lawyers Seminar, Feb. 12-16, 1986, Acapulco, Mexico.

“The Fourth Circuit Construes the Inscrutable Comprehensive Forfeiture Act of 1984 in United States v. Harvey,” 4 Inside Drug Law, No. 4, at 1 (May/June 1987).

“International Extradition in Drug Cases,” 10 N.C. Journal of International Law & Commercial Regulation, No. 2, at 353 (Spring, 1985); reprinted in the Advanced Criminal Practitioners Seminars, National Association of Criminal Defense Lawyers, Fourth Annual Hawaii Seminar, Maui, May 10-17, 1985.

“Fending off Forfeiture,” 21 Trial, No. 12, at 70 (Dec. 1985).

“International Extradition in CCE and RICO Cases,” 9 Inside Drug Law, No. 2, at 5 (Nov., 1985).

“Protecting Innocent Owners from Drug-Related Forfeiture,” 2 Inside Drug Law, No. 2, at 1 (March, 1985).

“Problems of Double Criminality,” 21 Trial, No. 1, at 58 (January 1985).

“Legal Implications of Human In Vitro Fertilization for the Practicing Physician in North Carolina,” 6 Campbell Law Review, at 5 (Spring, 1984).

“Saving Your Client’s Ox: Some Fundamental Considerations and Defenses to Forfeiture Under 21 U.S.C. 881,” 8 The Champion, No. 1, at 11 (Jan./Feb., 1984; reprinted in 15 Trial Briefs, No.
1 (1984).

“Flexibility Without Arbitrariness in the Zoning System: Observations on North Carolina Special Exception and Zoning Amendment Cases,” 53 N.C. Law Review 925-958 (1975).