Constitutional Law

North Carolina’s Looming Constitutional Crisis

April 17, 2024

Legislative change, especially on a state level, is often a result of active constituents who contact their legislators time and time again until either the funds or dedication sets bills in motion. Legislators will focus on pleasing their constituents to ensure favorable results in upcoming elections, so how will students who are unable to vote until they are 18 years old be able to influence the enactment of similar legislation protecting their rights? ...[Continue Reading]

Legal Backlash to the #MeToo Movement: A Rise in Defamation Lawsuits Against Survivors

March 12, 2024

As evidenced by the cases mentioned above, defamation lawsuits wield a significant amount of power against victims. Although the First Amendment protects a wide variety of speech, including truthful statements from victims who choose to share their stories, these lawsuits are extremely effective. Facing a lawsuit, or even the mere threat of legal action can instill profound fear in victims. ...[Continue Reading]

Florida Woman Files “Tester” Suit(s)

January 22, 2024

Laufer, a Florida woman who qualifies as a disabled person, holds herself out to be “an advocate of the rights of similarly situated disabled persons.” As such, this Floridian crusader, albeit un-caped, has filed over 600 lawsuits with the goal of enforcing Title III of the ADA. ...[Continue Reading]

A Reality We Know All Too Well

November 20, 2023

"Although gun violence is not unique to the United States, the proportion in which gun related deaths occur in the United States in comparison to the rest of the world is much higher." ...[Continue Reading]

Does The Twitter-verse Smell Musky… or Musty?

August 9, 2023

What do an electric car company, a space exploration company, and a blue bird social media company all have in common? If you guessed Elon Musk as their collective owner, then you guessed correctly. Twitter, very recently, joined the ranks of Tesla and SpaceX when Elon Musk purchased the ...[Continue Reading]

Banning Books: School Board Attempts to Ban Certain Ideologies

January 14, 2023

“Banning books gives us silence when we need speech. It closes our ears when we need to listen. It makes us blind when we need sight.” -Stephen Chbosky For the past 25 years, Wilkes County Schools have participated in a program called “Battle of the Books.” Battle of the Books encourages ...[Continue Reading]

Public Policy vs. The Constitution: Confronting Minor Victims of Sexual Assault

January 14, 2023

Ratified in 1791, the Sixth Amendment of the United States Constitution sets forth rights related to criminal prosecutions. The amendment requires a speedy and public trial as well as an impartial jury; it also encompasses the confrontation clause. The Confrontation Clause provides that “in ...[Continue Reading]

To Ban or Not To Ban: The Death Penalty in Limbo

September 14, 2021

The idea of capital punishment and its legality have enveloped the news and media for centuries. But where did the death penalty come from, how has it developed over time, and how much longer will it be around? ...[Continue Reading]

Supreme Inaction: Words from the Bench and Implications of Texas’s S.B. 8

September 2, 2021

In the late hours on Wednesday, September 1, the Supreme Court of the United States denied an emergency request by abortion and women’s health providers for an injunction barring enforcement of Texas’s Senate Bill 8. S.B. 8 is a restrictive law that bans most abortions after as early as six ...[Continue Reading]

Redlining In North Carolina: A Pervasive Legacy

March 19, 2021

It is no secret that North Carolina has a rather dismal history of upholding racial segregation. In the Jim Crow era, cities like Winston Salem and Asheville embraced racist policies designed to enforce segregation, particularly in housing. The legacy of these practices has led to devastating consequences that can clearly be seen today. As national lawmakers and local leaders attempt to find a way to remedy the wrongs of the past, a clear-cut path has yet to emerge. ...[Continue Reading]

Always Ready, Always There, Yet Still Misunderstood: Debunking Myths About the National Guard

October 16, 2020

While the National Guard is at the forefront of the nation’s emergency response and the President’s twitter feed, many are unaware what the National Guard actually is and it’s dual military and domestic roles. This has lead to many myths about the National Guard, this article aims to debunk the various myths about the National Guard and to inform readers about the legal basis and distinctions along with the sacrifices and service of the National Guard. ...[Continue Reading]

The Insanity Defense: From Fundamental Legal Principle to Legal Fiction

October 7, 2020

In Kahler, the Court did not merely uphold Kansas' interpretation of a vital protection; it allowed Kansas to, in effect, eviscerate the protection entirely. ...[Continue Reading]

Supreme Court Ruling in Espinoza Has the Potential to Change School Choices for Students in Many States

October 3, 2020

The Supreme Court has had another opportunity to address the tension between the religion clauses: the Establishment Clause, which prohibits the government from establishing a religion, and the Free Exercise Clause, which requires the government to accommodate individuals to freely follow their ...[Continue Reading]

Cell Site Simulators Meet the Fourth Amendment: When can the police track your phone (read: you) without a warrant?

September 2, 2020

“[M]odern cell phones . . . are now such a pervasive and insistent part of daily life that the proverbial visitor from Mars might conclude they were an important feature of human anatomy." Riley v. California, 134 S. Ct. 2473, 2484 (2014) ...[Continue Reading]

Signed. Sealed. Delivered?

August 11, 2020

Amid government efforts to quell correspondence of prisoners, prisoners seek to enforce their fundamental First Amendment free speech rights, compelling federal courts to discharge their duty to protect them and create a clear standard by which the government should be bound in preserving this Constitutional covenant. ...[Continue Reading]

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