Public service, teaching, counseling, and mentorshipthese are the professional contributions that my friend and colleague of twenty-three years, Jean Cary, has provided to the North Carolina legal profession and Campbell Law School and for which this issue of the Campbell Law Review is dedicated. It is my distinct honor to write this dedication to Professor Jean Cary, who is retiring at the end of this academic year.
On July 12, 2012, Senate Bill 521 became law in North Carolina. It amended Chapter 41 of the General Statutes by adding a new section:
§ 41-6.4. Rule in Dumpors Case abolished.
(a) The rule of property known as the Rule in Dumpors Case is abolished.
(b) This section shall become effective October 1, 2012, and applies to transfers of property that take effect on or after that date.
The latest in a slow succession of statutes intended to eliminate ancient rules of property, the statute adds the Rule in Dumpors Case to the pile of discarded doctrines that includes the Doctrine of Worthier Title, the Rule in Shelleys Case, and, in significant aspects, the Rule Against Perpetuities.
Recently, a number of civil cases have been brought under the once dormant North Carolina Securities Act. One of these cases gained attention in 2012 when Judge Murphy of the North Carolina Business Court held that a plaintiff asserting claims under the North Carolina Securities Act need not show scienteri.e., intent to defraud. Judge Murphy held that material misrepresentations made in connection with the purchase or sale of a security are actionable even if the person making the misrepresentations did not know they were false, so long as the person was negligent in making the statements.
After thirteen years of dating, Michael, a wealthy entrepreneur residing in Wake County, North Carolina, proposed to Natalie. Natalie gleefully accepted his proposal and the two were married in December 2007. In a Christmas-themed ceremony officiated by Natalies father, she and Michael exchanged traditional Christian wedding vows and consented to take each other as husband and wife. The couple intended to be legally married and lived happily togetherfor three years. For reasons unknown to Michael, Natalie left the marital home during the summer of 2010 and subsequently filed for divorce, equitable distribution, and spousal support.
In 2008, Floyd Brown was released from Dorothea Dix Hospital in Raleigh, North Carolina, following a fourteen-year, involuntary psychiatric commitment. Browns commitment to Dorothea Dix followed a criminal accusation and determination that, because of his mental retardation, he was incapable of proceeding to trial. He remained in a secure environment for well over a decade without a trial or the opportunity to confront his accusereffectively denying him his constitutional protections as a United States citizen.