Section CLE Publications

To search all available CLE Publications, visit CeLE Search at http://www.ncbar.org/cle/celeSearch.aspx.

To view Government and Public Sector CLE Programs, click here.

A Day in the Life: A Potpourri for Public Lawyers (Government & Public Sector Section Fall Meeting)

Abstract: Working with Outside Counsel: Selection, Compensation and Supervision (Hourly rates vs. innovative compensation models; tactics and strategy; participation in discovery and hearings) ... The Role of House and Outside Counsel in Disciplinary Investigations and Grievances (Who do they represent? Conflict of interest issues? How do they avoid becoming witnesses? Preserving the attorney-client privilege? Work product doctrine application?) ... Retaliation Claims in Employment Law Disputes: After Burlington Northern ... Thorny Clauses to Watch out for Reviewing the Revised AIA Owner and Architect Construction Contracts (The AIA's Owner and Architect recent contracts; clauses and provisions) ... RPC 1.13 Refresher - "Organization as Client" (Public lawyers represent clients with multiple, overlapping, and sometimes conflicting constituencies. Practical implications of ethical duties?) ... Impact of Recent Ethics and Court Opinions on Representation of Parties in Quasi-Judicial Proceedings ... Legislative Update - State: The Future of Sovereign Immunity, Gov. Officer Immunity and Public Duty Doctrine Defenses and Fed: Update on Mandatory Collective Bargaining Bill in Congress (General Assembly and Congress, gov. immunity/LG Tort Claims Act. Collectively bargain with unions?) ... *Click below on "view TOC" to search the Table of Contents*

A Matter of Perspective: Hot Topics for Land Use and Government/Public Sector Attorneys (Joint Zoning/Land Use & Public Sector Sec Joint Annual Mtgs)

Abstract: New Phase II Stormwater Regulations Effective July 1, 2007 (SB1566 Stormwater Management 2006) ... Legislative and Case Law Update (Review of Senate Bill 212, an act to clarify the law regarding appeals of quasi-judicial decisions made under Article 19 of Chapter 160A and Article 18 of Chapter 153A of the General Statutes) ... Immigration Issues (The ability of units of government in NC to address the ramifications of this national issue in local communities) ... CAMA Regulations (The additional (i.e., more than just the local zoning) layer of regulation for land development in coastal counties; The issues particular to our coastal communities - Outer Banks, Inner Banks, and estuaries - which may affect your clients' development plans) ... Development Agreements (What is a development agreement? Is it an ordinance? Is it a contract? Is it a partnership?; If things go bad, what can be done? How can a development agreement be enforced?) ... First Amendment Hot Topics (RLUIPA; Free speech issues that arise during public hearings) ... Unauthorized Practice of Law (Consider the impact of rules which may limit the "little guys" ability to appeal administrative zoning decisions; Who should be allowed to present appeals and applications for quasi-judicial determinations? And why?) ... *Click below on "view TOC" to search the Table of Contents*

An Ounce of Prevention is Worth a Pound of Cure (2008 Ethics/Professionalism and Substance Abuse Awareness)

Abstract: Why Gamble With Your Career? ... Dealing with Gambling and Other Addictions ... The Impaired Lawyer's Impact on the Law Firm (Learn to identify the types of impairment that affect attorneys; Recognize and be able to document objective symptoms of impairment; Appreciate the impact an impaired professional has on his/her employer, colleagues, and clients; Evaluate risks of ignoring impairment including financial and ethical repercussions) ... The Disciplinary Process after a Lawyer is Found to be Impaired (What are the steps in the disciplinary process taken by the NC State Bar after a lawyer's ability to practice law is impaired by substance abuse and/or chemical addiction?) ... *Click below on "view TOC" to search the Table of Contents*

Change in 'O8, What to Expect in '09 (YLD Legislative CLE)

Abstract: n/a

Disaster Emergency Law and The Role of the Bar

Abstract: Public Health Emergency Preparedness in NC: The Urgency of Public / Private Coordination (Ex: severe hurricane, a pandemic flu outbreak or a biological terrorism event. The efforts of state and local health officials to coordinate with the private sector through community leaders, employers, non-profit organizations and professional associations.) ... Public Health Emergency Legal Authorities and the NC Liability Protection for Private Entities Act of 2008 (Ex. quarantine of persons, travel restrictions and closure of facilities. Liability Protection for Private Entities Act of 2008, which provide businesses and non-profit organizations with additional liability protection when they voluntarily assist the state or local governments in carrying out emergency management activities in NC during a declared emergency.) ... Is Your Workplace Prepared for Disaster? (Preparing for an emergency event, including the development of an emergency workplace response plan, social distancing compliance, leave policies, telecommuting, workers' compensation and employee communication channels during disasters.) ... Ethical Considerations and the Role of the Bar in Emergencies (Ex: 2003 SARS outbreak in Toronto; Asheville water crisis of 2004; Hurricane Katrina.) ... *Click below on "view TOC" to search the Table of Contents*

Effective Lawyering in a Complex World

Abstract: Substance Abuse: Real Stories (An estimated one-third of all attorneys suffer from depression and/or alcohol or drug addiction, at a rate two to three times higher than the general population. The implications for lawyers, loved ones, our clients and the profession are obvious.) ... 10 Practice Management Tips for Effective Lawyering (10 practical, ready-to-implement technology, management and marketing tips to increase your effectiveness and gain more control.) ... Peak Performance and Complex Lives (Reduce stress, while achieving and maintaining peak performance in the complex, demanding life. Practical techniques you can apply immediately to increase your productivity, effectiveness and satisfaction.) ... Dealing with Diversity Within Your Law Office (Understanding some general traits that employees in different age groups tend to share. Review of the main values and approaches to work of the four generations in your workplace and discuss strategies and techniques to better meet the needs of the different generations as well as minimize workplace conflict.) ... The True Professional in a Challenging World (The professional heritage of lawyers and how that heritage is being challenged by the pressures of our 21st century world.) ... *Click below on "view TOC" to search the Table of Contents*

Fundamentals of Employment Law

Abstract: Title VII Overview ... Labor Overview and Panel Discussion on EFCA ... FLSA Overview ... FMLA and ADA Overview ... War Stories 101 Panel (Relations with government agencies; Mediation; Trial; Case selection) ... Overview of North Carolina Employment Laws Affirmative Action Compliance; Diversity and Inclusion Strategies ... Immigration 101

Information Security for Lawyers and Law Firms

Abstract: Written for lawyers and lawfirms, this book provides sound advice and offers valuable guidelines and assistance to bridge the worlds of law and technology on important information security issues that face the legal professional every day. Content includes: The ethical duties of lawyers relating to securing their electronic information; How a small lawfirm can have reliable security; What are worms, Trojans, spyware, malware, spiders, key loggers and their implications; Is it safe to use wireless technology for the delivery of legal services; In large firms, what information security duties can be delegated; How lawyers and other law firm personnel can be trained in information security.

Light and Life at the End of the Tunnel: Resources to Aid Lawyers to Live Better Lives

Abstract: Unique Psychological Problems Facing Lawyers (BarCARES: Private health providers, Human Resource Consultants, BarCARES counseling and BarCARES counseling) ... Responding Effectively to the Challenges Presented by an Impaired Colleague in Light of our Duty to Each Other, the Profession, and the Public ... Recovering from Debilitating Mental Conditions or Addictions ... Resources Available to Firms to Enhance Lawyer Effectiveness and Address Lawyer Impairment ... On the 'Broken' Road of Recovery with the Next Generation ... How the State Bar Processes Impaired Lawyer Cases ... Getting the Best Out of Your Brightest and Helping Them Get the Best Out of Themselves (Adhering to the commonly accepted standards of Professionalism; teaching good legal "judgment"; building trust and accountability systematically in your law firm through higher expectations of professionalism) ... The Firm's Response to the Impaired Lawyer (Statistics on the problem of the dissatisfied or impaired lawyer; addiction and mental illness in the workplace; charting an ethical, businesslike and moral course) ... *Click below on "view TOC" to search the Table of Contents*

Lobbyists, Lawyers and Legislators: 2006 Lobbying and Ethics Law Changes and Where We Go From Here

Abstract: A Review of Reasons for and Means of Regulating Conduct of Legislators, Lobbyists and Government Employees ... The North Carolina Laws Regulating Legislators and Lobbyists and The Impact of the 2006 Act on Professional Lobbyists ... Representing a Client Before the Ethics Commission (The relevant laws and procedures and how the Ethics Commission handles a case or complaint.) ... Where Do We Go From Here? (Continued reforms and redefining the relationship between legislators, government agencies and lobbyists.) ... Governor Purdue's Administration Position on Regulation of Lobbyists ... Christmas Cards and Cups of Coffee: The 2006 Ethics Act and Its Effect on Members of the General Assembly ... Panel Discussion: Lobbyists and the Legislative Process (Lobbyists are a necessary part of the legislative process. What lobbyists do and how they can serve their clients and the public good at the same time.)

NCBA 2009 Annual Review

Abstract: n/a

No Bones About It: Animal Law in North Carolina

Abstract: Introduction, History and Evolution of Animal Law (Gain insight into the parallels between prior civil rights movements and the current animal law evolution; see where animals reside in our current system; and learn about the cruelty laws that already exist to protect animals: Prior Civil Rights Movements analyzed in light of the current animal law trends, Animals as property, Emotional damages for your companion animal?, Criminal Cruelty) ... Civil Remedies for the Protection and Humane Treatment of Animals (When the criminal laws aren't enough learn what civil remedies exist to ensure protection of animals and how to use them. Also discover regulations regarding the mandatory hold periods on stray animals in the local shelters: General Statute 19A (1-4) Protection of Animals, Shelter dealings, Holding animals, When animals can legally be euthanized, Adoption options) ... Laws Involving Dangerous Dogs and Public Health/Rabies (A discussion of State and local laws regarding rabies and dangerous dogs, with a particular emphasis on the role of state and local governments in enforcing those laws: Overview of North Carolina law, Discussion of variations of county ordinances, Hot topics for local governments in administration and enforcement) ... *Click below on "view TOC" to search the Table of Contents*

Public Policy Adapts: Environmental Issues at the Forefront (Joint NCBA Env, Energy & Natural Resources Law and Gov & Public Sector Sec Annual Mtgs)

Abstract: Case Law and Legislative Update/Governmental Case Law Update ... Environmental Case Law Update ... N.C. Legislative Update ... Adapting Brownfield Projects for Government Re-Use and Revitalization ... Recent Highlights In Federal Civil Environmental Enforcement ... Renewable Energy and Energy Efficiency: North Carolina Accelerates the Greening of Public Policy ... Waters of the United States ... Guidelines and U.S. Army Corp of Engineers Enforcement ... Competing for Water Resources: The Traditional Rules of the Game and How They Might Change ... Current Water Allocation Issues and Initiatives - A View from Raleigh ... *Click below on "view TOC" to search the Table of Contents*

Revitalizing the Lawyer-Poet: What Lawyers Can Learn from Rock and Roll (A Fresh View of Professionalism)

Abstract: Revitalizing the Lawyer-Poet: What Lawyers Can Learn from Rock and Roll (A fresh perspective on the definition of "professionalism" in the context of the modern practice of law. What is professionalism?; What are the causes and consequences of the crisis in professionalism?; Do lawyers have a public responsibility as intermediaries between the people and the law?; Can lawyers make money, have fun and do good, all at the same time?) ... Jam Session: NC Lawyers' Response (Do lawyers need a fresh view of professionalism? What can North Carolina lawyers learn from rock and roll?) ... "One Bourbon, One Scotch, and One Beer" and "Manic Depression" Are Not Just Song Titles: Recognizing and Managing Substance Abuse and Mental Health Problems in the Legal Profession (How does the crisis in professionalism affect lawyers on a personal and individual level? What is its role in causing mental health problems, depression and substance abuse?: Causes of depression and other mental health problems; Causes and nature of substance abuse as problem for lawyers; Strategies for preventing these problems through rebalancing your life and finding new meaning in your work) ... *Click "view TOC" below to search the Table of Contents*

Stakes in the Ground: 2008 Hot Topics (Zoning Planning and Land Use Section Annual Meeting)

Abstract: ABC's of Local Government Authority (An overview and discussion of the source and limits of authority for town boards, boards of adjustment, planning boards and historic district commissions) ... The Unauthorized Practice Of Law - Practical Implications for Non-Lawyer Professionals (A discussion of risks and opportunities in the wake of the State Bar's advisory opinions on quasi-judicial hearings.) ... 2007-2008 Case Law Update (A review of important court opinions/decisions on land use related topics over the past year) ... Recent Legislative Activity Affecting Land Use Practitioners (A status report and update on new Legislation and pending legislation could affect land use practitioners) ... Exactions, Impact Fees and Adequate Public Facilities Ordinances - Can They Really Do That? (Refresher on the legal authority of local governments to use these tools, and associated constitutional issues) ... Subdivision Review and Site Plan Review - Quasi-Judicial or Something Else? (An overview of the plan and review process, enabling legislation, and common practice) ... *Click below on "view TOC" to search the Table of Contents*

State of the State and Playing By the New Rules Featuring Secretary Ross' Annual DENR Update (Env., Energy & Natural Resources Law Winter Program)

Abstract: State of the Environment Annual Report ... Senate Bill 3 and New Requirements Regarding Renewable Energy and Energy Efficiency ... Dealing with Drought in North Carolina ... DENR Reorganization ... *Click below on "view TOC" to search the Table of Contents*

The Cybersleuth's Guide to the Internet

Abstract: Much information once only available to professional researchers from expensive sources is now available for free on the Internet, if you know how to find it. This book will show you how to be a cyber-detective and unearth this information FREE (or at low cost!) on the Web. Also included is Levitt and Rosch's North Carolina-specific resource guide on CD. Fully bookmarked and searchable, the CD makes conducting Internet-based N.C. legal research a snap! The book includes examples based on real world research scenarios. Whether you're just starting to use the Internet for serious research or you're a seasoned online research veteran, this book can help you find what you're looking for fast and free. Learn how to use the same tools as skip tracers & private investigators. Find out How to Dig Up "Dirt" About Anyone; Uncover Information to Attack Someone's Credibility; Seek out the Smoking Gun; Mine the Web for Missing People; Discover Addresses (Home and Email); Find Phone Numbers (Even Cellular); Locate Aliases, Employer's Name; Glean Personal Information; Unearth Property Records; Access Public Records. Find free legal research like Full-Text Case Law Databases; Elusive Government Documents; Federal, State and Local Primary Law; Secondary Legal Resources (law review articles, legal news, etc.); Legal Practice Materials and more! (290 page soft cover)

The Electronic Evidence and Discovery Handbook Second Edition

Abstract: E-Discovery and the use of electronic evidence has increased dramatically over the past few years, but many lawyers still struggle with the complexities of dealing with electronic information. This comprehensive book provides lawyers with the templates they need to develop an effective E-Discovery strategy, and to frame appropriate E-Discovery requests. In addition to the ready-made forms, the authors also supply helpful information and commentary to bring you rapidly up to speed in the electronic discovery field. The accompanying CD-ROM features over 70 forms in Word format. Also included is an extensive electronic evidence case digest with over 200 cases summarized!

The Lawyer's Guide to Fact Finding on the Internet, Third Edition

Abstract: The most user-friendly Internet research book available for legal professionals today. A complete hands-on guide that shares the secrets, shortcuts, and realities of conducting fact finding on the Internet. Written for legal professionals, this comprehensive desk reference lists, categorizes, and describes hundreds of free and fee-based Internet sites. Useful for investigations, depositions, trial presentations, medical research, gathering competitive intelligence, finding expert witnesses, fact checking of all kinds. Includes information on browsers, search engines, Weblogs, library databases, public records. Includes CD of all links mentioned in book. Select relevant research sources; Access subjects guides, newsgroups, and listserves; Find experts; Research companies, public records; Conduct medical, statistical, international research. Icon system immediately identifies free & free-with-registration sites, pay sites; practical tips & advice on using specific sites; an easy-to-use topical structure, organized the way lawyers think, starting with the best sites first; over 150 screen shots of Web sites; and over 700 pages of factual categories & updated URLs. Stop wasting time on the Internet, and make the Internet work for you! With purchase receive free subscription to bi-monthly e-mail newsletter updating the book: A $99 value.

The Power of Precedent By Michael J. Gerhardt

Abstract: The role that precedent plays in constitutional decision making is a perennially divisive subject among scholars of law and American politics. The debate rages over both empirical and normative aspects of the issue: To what extent are the Supreme Court, Congress and the executive branch constrained by precedent? To what extent should they be? Taking up a topic long overdue for comprehensive treatment, Michael Gerhardt connects the vast social science data and legal scholarship to provide the most wide-ranging assessment of precedent in several decades.

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