The Right to a Sound Basic Education Article I of the North Carolina Constitution asserts that the people of this state have “a right to the privilege of education” and imposes upon the State a duty “to guard and maintain that right.” Article IX extends the idea further by instilling responsibility in the General Assembly for providing and maintaining free public schools to which all citizens of the State will have equal access. Though explicitly written into the state constitution,
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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 against the ban because he believes the ordinance is too broad and represents government overreach. The ban applies to all town or county-owned property, including sidewalks and parks, and also
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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 more than 500 similar single-sex programs throughout the United States. According to the News and Observer, “[d]emand was high from families attracted by old-fashioned staples such as single-sex
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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 keeping the character door shut does not mean the jury will not hear about the client’s less than stellar background. That’s where NCRE 404(b), the rule that admits prior bad acts and uncharged
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I still prefer the printed word, but for many people, the fastest growing portion of their book and music libraries is stored on devices like the Amazon Kindle or iPod. But what happens to that digital content when the owner dies? More fundamentally, is “owning” an album on iTunes or a book on a Kindle the same as owning a CD or hardcover book? Most people probably do not give much thought to what will happen to these digital assets after death. After all, you say, all the
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Note from the Editors: On December 3, United States District Court Judge William Shubb ruled that the ban on conversion therapy signed into law by California Governor Jerry Brown may violate free speech rights of therapists who oppose homosexuality. Judge Shubb issued an injunction preventing the state from enforcing the ban against the three providers who sued to block the ban. Judge Shubb wrote, “Even if SB1172 is characterized as primarily aimed at regulating conduct, it also extends
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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 General Statute §14-306.4 (2011) as an infringement on First Amendment freedom of speech rights of sweepstakes companies doing business in the state. The decision in Sandhill hinges on the resolution
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When law school graduates receive news that they successfully passed the Bar Exam, the next big step to becoming a practicing attorney is to be sworn in. Here in North Carolina, hundreds of soon-to-be lawyers walk into their local courthouse and swear before a judge, other attorneys, and friends and family to meet a certain standard required of them under the law. One of the several oaths reads, “I swear that I will truly and honestly demean myself in the practice of an Attorney,
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By: Tommi E. Powell with Angelica Chavis [ref] 1. Angelica Chavis is a third-year law student and guest contributor for this article. Angelica graduated from UNC-Pembroke with a B.A. in English. [/ref] On October 12, 2012, the United States Department of Justice issued an internal policy memo concerning the use and possession of protected birds and bird parts by Native Americans. The memo sought to bring enforcement of the use and possession in line with the Morton Policy. The memo
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Virtual charter schools have been hailed as an innovation that allows greater flexibility and access to quality education. But critics say this innovation comes at the high price of diverting taxpayer money from traditional “brick and mortar” public schools. The North Carolina State Board of Education has consistently refused to consider virtual charter applications, but a case currently on appeal may give at least one local board a workaround. Charter schools, virtual or otherwise, are
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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 session with twenty female senators, the most in history. However, two other victories deserve the nation’s attention. Once the votes were tallied, it became clear a majority of Washington and
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On August 24, 2012, in R.J. Reynolds Tobacco Co. v. FDA, a divided panel of the D.C. Circuit Court of Appeals held that a provision of The Family Smoking Prevention and Tobacco Control Act violated the First Amendment. Signed by President Barack Obama on June 22, 2009, the Act purports to give the U.S. Food and Drug Administration (FDA) the authority to require that cigarette packages manufactured or sold in the United States contain textual warnings and color graphics depicting the negative
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In Star Trek: Insurrection, Captain Jean-Luc Picard finds himself surrounded by his slow moving yet deadly opponent, the Borg. Luckily for Picard, he has access to a “replicator”, a device that can create almost any object on request. Picard uses the replicator and requests a Tommy gun, which he uses to defend himself. The idea that someone could possess a machine that could produce any item, including guns, on request was once relegated to the realm of science fiction. However,
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United States Supreme Court Chief Justice John Roberts recently identified technology as one of the most difficult challenges for the Court, both now and in the future. During a recent informal discussion at Rice University, Chief Justice Roberts said, “What is the fundamental protection offered by the Constitution when applied to new technology and situations? It’s a question that comes along all the time.” The issue of applying the law to new technologies is one which is
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Imagine you are interested in selling your business, but you have yet to advertise or solicit the sale. A resident of another state contacts you and wants to purchase your business. Though your business and its operations are located in the state in which you live, the out-of-stater proposes to buy your business. The deal is never completed and the potential buyer sues you in his home state. But you have never conducted any business there or even visited the buyer’s state. Would it
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