Approximately two years ago, Law Professor Scott Gerber at Ohio Northern University delivered a lecture for the North Carolina History Project.  It was called “The Origins of an Independent Judiciary in North Carolina, 1663-1787.” 

His idea has made it into pulished form in the North Carolina Law Review (September 2009).  Professor Gerber discusses the Bayard v. Singleton (when NC courts possibly became the first courts to practice judicial review and the Carolina Charter of 1663