Understanding the Law
Explaining court cases, statutes, and executive actions across the country, providing valuable analysis of the facts and legal impact on the public.
Updated June 17, 2013: The Supreme Court, in a plurality opinion (pdf) written by Justice Alito, ruled that the right to remain silent must be expressly invoked in order for that silence to be protected at trial, even if that silence is pre-arrest. We have all heard it before, some of us through
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As a law professor, I’m always looking for interesting cases from which to create exam questions, both multiple choice and essay. Sometimes the cases are rather straightforward and illustrate the application of a rule of evidence quite well. These usually make great cases for multiple choice
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I doubt there’s a prosecutor or plaintiff’s lawyer in the state who would give up the opportunity to be the last lawyer to address the jury in a contested case. Getting the last word is important. The principle of recency tells us the people tend to remember what they hear last. What
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It was a Thursday afternoon, and I was contemplating a difficult and nuanced issue of evidence law. My eyes were closed in deep concentration… OK, so I was napping after a big lunch. My “contemplation” was interrupted by a third-year student who had done quite well in Evidence the
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Over the past 20 years, stop-and-frisk policing has risen to unprecedented levels in New York City. Studies have shown that from 1990 to 1995, the New York Police Department (NYPD) subjected about 40,000 people a year to these searches. In 2011, that number climbed to over 684,000. What is
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The Arrest Around 11 p.m. on July 12, 2010, a truck pulled into the parking lot of a Winston Salem gas station,with Kevin Deon Wilson in the driver’s seat. Although Wilson later denied driving the truck, whose owner was also in the vehicle, he was arrested and charged with misdemeanor driving
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A president’s wartime power has been a subject of both interest and tension since this county was founded. The United States has seen President Adams’ infamous Alien and Sedition Acts, which punished any American citizen who spoke out against the government and legalized deportation of
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We’re all familiar with them, those classic cross-examination tips that, if applied correctly, will win your case and make you famous. Irving Younger gave us “The 10 Commandments of Cross-Examination.” Who can forget how Roy Black destroyed the State’s witness in the Robert Kennedy
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On November 21, Orange County Commissioners voted 6-1 to ban smoking in most public places. Prior to the vote, the commissioners were presented with two gallon jars that contained more than 6,000 cigarette butts collected on Franklin Street in 2010. Commissioner Earl McKee cast the only vote
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On August 13, 2012, the Wake County Public School System offered parents the opportunity to have their children educated in a single-sex learning environment. The boys-only Wake Young Men’s Leadership Academy and the girls-only Wake Young Women’s Leadership Academy would join the ranks of
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It happens all the time. Defense counsel in a criminal case works hard to avoid opening the door to her client’s character. The facts of the case may be bad enough, but when the prosecutor gets to ladle a generous helping of bad character evidence on top, things go from bad to worse. But
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On October 17, 2012, the Supreme Court of North Carolina heard oral argument in two cases concerning the legality of sweepstakes cafés – Hest Technologies, Inc. v. State ex rel. Perdue and Sandhill Amusements v. State. These two cases challenge the constitutionality of North Carolina
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The November 2012 Election will be remembered for many reasons. One of the most memorable and toughly fought presidential campaigns ended in a decisive win for President Barack Obama. The balance of power in the United States Congress remained unchanged, but this 113th Congress will begin its
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“Working like a dog.” This is a phrase I have never quite understood. My dog has never worked a day in his life, and until there is a high demand for butt-sniffing, then I doubt he ever will. However, not all dogs are lazy bums. Indeed, canine units have been integrated into nearly
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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
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