Newsworthy

Insurrection at the Capitol Revives Debate Over Statute Outlawing Domestic Terrorism

January 19, 2021

Currently, there is no federal law or crime that directly addresses and outlaws “domestic terrorism.” Thus, domestic terrorism is not a chargeable criminal offense. Despite the fact that lawmakers, experts, and the media have identified the reprehensible events of January 6th as domestic terrorism, prosecutors cannot actually charge the rioters specifically with domestic terrorism. [...]

Cops, Not Robbers: The Clash Between No-Knock Warrants and the Castle Doctrine

January 2, 2021

The use of no-knock warrants has increased exponentially over the last few decades, highlighting a fatal clash between no-knock warrants and the castle doctrine. The killing of Breonna Taylor has sparked public outcry and has thrust two competing legal principles – the no-knock warrant and the castle doctrine – into the public eye.  Law professor Michael Mannheimer noted in an article with the Washington Post that a gunfight can occur between the police and a homeowner and “no one will [...]

Brave New World? States Take First Steps Towards Decriminalization of Hallucinogens

November 27, 2020

While the debate regarding the legalization of marijuana has occupied the forefront of the national stage, an argument to decriminalize another class of prohibited substances has also been building steam: hallucinogens.  Currently, hallucinogens like psilocybin, colloquially known as “magic mushrooms,” are classified by the Drug Enforcement Administration as a Schedule I drug, in the same category as heroin, LSD, and ecstasy.  Under their current classification, these drugs have no [...]

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, [...]
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