Articles by Rebecca Lopes, Senior Staff Writer

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About Rebecca Lopes, Senior Staff Writer (14 Articles)
Rebecca Lopes served as a Senior Staff Writer for the Campbell Law Observer. She is a graduate of North Carolina State University where she earned a degree in Communication with a focus in Media and a minor in Journalism. During law school, Rebecca interned at the Cumberland County District Attorney’s Office, Tally and Tally Law Firm and at The Richardson Firm, all in Fayetteville. She was also a member of Phi Alpha Delta and a case manager for the Campbell Law Innocence Project. Rebecca graduated from Campbell Law School in May 2014.
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Warrantless GPS tracking deemed unconstitutional by Third Circuit

December 3, 2013

The U.S. Court of Appeals for the Third Circuit recently decided United States v. Katzin, a case that now expands the holding of United States v. Jones and requires law enforcement to obtain an authorized warrant before attaching a GPS tracking device to a vehicle. [...]

Texting while someone else is driving may lead to liability in New Jersey

October 8, 2013

On September 21, 2009, eighteen-year-old Kyle Best was texting (pdf) when he crossed the double yellow lines of a New Jersey roadway in his Chevy pick-up truck and struck David and Linda Kubert on their motorcycle.  All three survived, but David and Linda each lost their left leg and suffered a number of other injuries. There was no dispute that Best was texting at the time of the accident.  Through Best’s cell phone records, obtained through discovery, the Kuberts’ attorney determined [...]

You have one new Facebook notification: You’ve been served

May 22, 2013

“You’ve been served” is something no one ever wants to hear, but what if while checking out your new friend requests on Facebook, you were also greeted with a notification of service?  While it seems far-fetched, Manhattan federal judge Paul Engelmayer ruled in March that U.S. Government lawyers could serve process on a group of defendants in India via Facebook. The Federal Rules of Civil Procedure require the method of service to be one reasonably calculated to give notice. Rule 4(f) of [...]

Fifth-Graders Have Free Speech Rights, Too!

March 21, 2013

 Until recently, most free speech cases concerning students have been at the middle school level and above.  While courts have made it clear that students do not shed their rights at the schoolhouse gate, courts have also made it clear that an elementary school student does not necessarily share the same rights as a middle school or high school student.  Defining free speech rights of elementary students can prove daunting, but many courts favor the conclusion that viewpoint discrimination [...]

Delay Granted to Texas Woman Hours Before Scheduled Execution

February 1, 2013

In 1997, Kimberly McCarthy of Texas was convicted of forcing her way into Dorothy Booth’s home under the pretext of borrowing some sugar, then killing 70-year-old Booth.  McCarthy proceeded to use Booth’s credit cards and attempted to pawn Booth’s wedding ring before she was caught. McCarthy was found guilty of Booth’s murder and sentenced to death by a Dallas County jury in 1998, but the Texas Court of Appeals later overturned her conviction after they discovered she had no attorney [...]

“Lawyering” Skills Are Not Enough

November 21, 2012

When law school graduates receive news that they successfully passed the Bar Exam, the next big step to becoming a practicing attorney is to be sworn in.  Here in North Carolina, hundreds of soon-to-be lawyers walk into their local courthouse and swear before a judge, other attorneys, and friends and family to meet a certain standard required of them under the law.  One of the several oaths reads, “I swear that I will truly and honestly demean myself in the practice of an Attorney, [...]

The Sex Offender Registry: Aiming to Serve the Public or Only Please the Public?

October 9, 2012

Getting one’s name removed from the sex offender registry list can be a daunting and tedious process in some states.  While some believe the process should be made more difficult, others find that the longer a sex offender stays on the list, the less likely they are to reintegrate into society and the more likely they are to recidivate. The controlling North Carolina statute, G.S. § 14-208.12A, lays out the requirements for removing one’s name from the registry.  According to the North [...]