Constitutional Law

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]

Environmental Groups Petition Supreme Court to Halt Construction of Border Wall

May 15, 2020

One of the most hotly politicized issues in the United States this year is whether the President has the authority to direct the construction of a wall on the southern border between the United States and Mexico. Passionate arguments arose from all sides of the issue, and even made its way ...[Continue Reading]

Tracking the Recent Decisions in North Carolina’s Satellite-Based Monitoring Jurisprudence

May 4, 2020

The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated . . . . The black device exclaimed “low battery” in a robotic voice drawing curious glances from passerby. This was his cue. The ankle ...[Continue Reading]

Leandro: The Constitutional Battleground For A Sound Education

April 24, 2020

After more than twenty years of litigation, Wake County Superior Court Judge David Lee signed a consent order in Leandro v. State, adopting the recommendations of a study conducted by WestEd. The 34-page order, released January 21, 2020, reignited a divisive constitutional issue regarding ...[Continue Reading]

Second Amendment Super Bowl: An Overview of the Second Amendment Sanctuary Movement

March 16, 2020

“This is like the Super Bowl for the Second Amendment right here,” an AR-15 wielding activist told Associated Press reporters right outside the Virginia state Capitol building. This gun-rights activist was just one of the estimated 22,000 protestors in attendance outside the Virginia Capitol ...[Continue Reading]

Supreme Court to Decide Whether Sexual Orientation is a Protected Class in the Workplace

February 16, 2020

The United States Supreme Court heard some of the most anticipated legal issues of the October court term. Among these cases, the Court will decide whether Title VII in the Civil Rights Act of 1964 (Title VII), one of the fundamental federal employment discrimination statutes, covers sexual ...[Continue Reading]

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