Newsworthy

Workers’ Compensation Laws Shift to Meet the Nuanced Needs of the COVID-19 Era

November 13, 2020

As North Carolina continues to reopen, many employers are left wondering the extent of their liability for employees contracting COVID-19.  The debate on the matter has ranged from desperate pleas of employees to hold employers liable for unsafe work environments, to demands for civil immunity by businesses and healthcare workers.  Senator Mitch McConnell has gone so far as to state that the current legal atmosphere is primed to incite “the biggest trial lawyer bonanza in history.” State [...]

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. [...]

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 through the court system.  In 2019, the Supreme Court ruled that the Trump administration has the authority to redirect funds allocated to the military towards construction of a border wall.  However, [...]

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 monitor called the shots; he either had to leave or find a nearby electrical outlet for the device’s daily two-hour charging. Letting it die was not an option as it would lose signal—a major violation, [...]

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 separation of powers and the right to a sound education. Background The Leandro legal battle began in 1994 after five rural school districts sued the State over their inability to provide an education equal [...]

E-cigs Going Up in Smoke: FDA Cracks Down on Vape Products Marketed towards Minors

April 10, 2020

With e-cigarette use among youth rising to epidemic levels, Juul and other e-cigarette companies are facing greater scrutiny, more attention from regulatory agencies, and private litigation.  On December 20, 2019, President Trump signed into law an amendment to the Federal Food, Drug, and Cosmetic Act, raising the federal minimum age for the sale of tobacco products from 18 to 21 years, effective immediately. The amendment follows a statement by the Trump Administration in September 2019, [...]

Citizen Drone Use Sparks Privacy Concerns On State And Federal Levels

April 3, 2020

Drone use by citizens has become an ever-increasing trend since they burst onto the scene in the early 2010s and sales have rapidly increased.  Drones are used by consumers and companies in a variety of contexts: promotional videos, weddings, news footage, and even the 2018 Winter Olympics.  In 2013 Amazon first introduced its idea to use drones for delivering packages, estimating such use to begin by 2015.  So why weren’t Amazon packages being delivered by drones in 2015?  One reason was [...]

The Right To Be Forgotten: New California Law Aims To Protect Consumers From Online Data Collection

March 27, 2020

Using the Internet is a daily habit for millions of individuals in our high-tech society.  Countless activities can be done online, such as sharing photos on social media sites, shopping, and reading news from around the world.  Many use the Internet for work, or to conduct mundane activities to pass the time.  The Internet has become such a major facet in our society that according to Pew Research Center approximately ninety percent of adults in the United States used the Internet in [...]

Will Forbidding Questions About Salary History Help Close the Wage Gap?

March 20, 2020

Should employers ask you about your salary history when interviewing you for a job? The growing trend says no, and many argue this question is unnecessary to find the perfect candidates for job openings. City and state governments are contemplating this question in an effort to close the wage gap between male and female employees. Since 2017, there have been seventeen state-wide laws and twenty local ordinances across the country addressing this issue. Some of these prohibitions prevent only [...]

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 this past Martin Luther King Jr. day.  Days later, gun-rights activists in Kentucky took it one step further and demonstrated their support for gun-rights by physically wielding firearms inside the [...]
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