Employment and Regulation Are Not Mutually Exclusive

Bain, a white man with white hair, wears a white shirt and black suit.By W. Bain Jones Jr.

Is there a right to employment? Does Administrative Law prohibit an individual’s right to employment or only limit it in some circumstances?

The United States Constitution states in the preamble:

We, the People of the United States, in order to form a more perfect Union, establish Justice, insure domestic tranquility, provide for the common defense, promote the general Welfare, and secure the Blessings of Liberty to ourselves and or Prosperity, do ordain and establish the Constitution of the United States.

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How to Promote a Positive View of Lawyers and the Legal Profession

Adam a white man with light brown hair, wears a white shirt, red tie with light polka dots, and a white shirt. He is smiling. By Adam G. Linett

Why are lawyers often mocked and despised in the media, and what can we do about it? As professionals, we have spent years studying the law, and we have dedicated our lives and careers to this profession. So while we may take ourselves seriously, sometimes, it is a shock to walk into a courtroom or to face a group of people from the public who view us no differently from the proverbial “snake oil salesman” or as someone out only for ourselves and prepared to pull a fast one.

Admittedly, some members of our profession have broken the law, stretched the rules of ethics, or generally made themselves a nuisance. But we cannot allow these individual examples to define, or to continue to define, us or our profession. Is there anything we can do to raise the public perception of lawyers, defend our profession, and represent our clients effectively at the same time? Let’s consider three goals we can set this year to push back on these common negative impressions.

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The North Carolina Guardian ad Litem Program – What Is It, and What Does It Do?

Michelle, a white woman with blond hair, wears a blue blouse and is smiling. By Michelle FormyDuval Lynch

The Juvenile Justice and Children’s Rights Section of the NCBA includes attorneys and child advocates who are committed to excellence in the direct representation of North Carolina youth. Three of the most common areas of direct representation of children and juveniles in court are child welfare, juvenile delinquency, and family law proceedings. Attorneys with the North Carolina Guardian ad Litem Program (NC GAL Program) represent children in child welfare proceedings in North Carolina district and appellate courts. This article is a short summary of the NC GAL Program, its purpose, duties, and role in that representation.

Guardian vs. Guardian ad Litem vs. NC GAL Program

A guardian of the person is one who generally has the duties of care, control, and custody of their ward. The term “guardian ad litem” comes from the latin phrase “ad litem” which means “for the purposes of the suit.” A guardian ad litem is usually an individual appointed to appear in a lawsuit on behalf of a minor party or incompetent person. While guardians ad litem may be appointed in a variety of civil and criminal proceedings in North Carolina,[1] the NC GAL Program is only appointed to represent children in abuse, neglect, or dependency (“AND”) proceedings, or termination of parental rights (TPR) proceedings under Subchapter I of the NC Juvenile Code. These cases are initiated when a county department of social services files a juvenile petition; they are sometimes referred to as “DSS court,” but a more accurate name is “child welfare court.”

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