Affirmative Action in Action: Overhaul of the Fire Department of New York Hiring Practices

October 30, 2012

Almost 200 white firefighters rallied outside the Federal District Court in Brooklyn, New York earlier this month to face Judge Nicholas G. Garaufis to voice their outrage over his rulings that some have called “a perversion of justice.”  Judge Garaufis’ ruling will require an overhaul in hiring practices to hire more minority candidates, which could end up costing New York City $70 million.  Over the span of four days, Judge Garaufis heard grievances from 38 New York firefighters. “I [...]

Marriage Impossible: The Problems with Contracts for Marriage

October 26, 2012

Four years after splitting from actress Nicole Kidman, Tom Cruise supposedly approached several actresses with an offer for a five-year marriage contract.  According to the Hollywood rumor, actresses including Sofia Vergara, Scarlett Johansson, and Katie Holmes were all approached with an offer to marry Cruise and enter into a marriage contract with benefits for both parties.  In November 2006, Katie Holmes married the man who has been considered the world’s most famous actor.  In exchange [...]

Insane Clown Posse: “We’re doing the American thing – we’re suing”

October 23, 2012

Would you consider a “wicked clown” a gang threat or a bad Halloween costume?  Fans of rap-metal duo Insane Clown Posse (ICP) have been characterized as drinking Faygo soda and wearing face paint while they listen to the horror-themed rap group.  Juggalos, as they are called, have developed their own idioms and slang that they demonstrate at the annual “Gathering of the Juggalos,” an annual festival where they watch ICP perform songs such as “Juggalo Homies,” a famous single that [...]

Third and Long: The Former Players’ Lawsuit Against the NFL Illuminates Major Issues but has Serious Legal Flaws

October 23, 2012

In August 2011, seven former professional football players brought a lawsuit against the National Football League, claiming the League had “willfully and intentionally” concealed the long-term health risks linked with multiple concussions.  As of October 2012, the number of lawsuits—alleging the same wrongdoing—had increased to 164, comprising approximately 3,700 former players. The players’ requested relief includes personal damages as well as an injunction creating a [...]

Unconstitutional Dog-Sniffs – Man’s Best Frenemy

October 16, 2012

“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 every law enforcement agency in the United States, and have played an increasingly vital role in apprehending criminals, detecting bombs, and uncovering contraband.  But, just as the canine job market is [...]

Attack on the Big Top

October 16, 2012

On July 8, 2012, United States District Judge Emmet G. Sullivan issued an 87-page opinion giving Feld Entertainment Inc. (“FEI”), the parent company of Ringling Brothers and Barnum & Bailey Circus (“Circus”) the green light to continue with its complaint against various animal rights activists groups, including the Humane Society of the United States (“HSUS”).  The lawsuit stems from a previous lawsuit in which these groups brought an action against FEI.  The previous lawsuits [...]

Clearance and the Need to Know: Potential Legal Action against Navy SEAL Team 6 Member

October 15, 2012

On May 2, 2011, United States Navy SEAL Team Six completed a decade-long mission: they killed Osama Bin Laden, Al Qaeda leader and 9/11 mastermind.  While members of the team remained quiet, the assassination effort garnered global attention and became a crowning achievement and campaign talking point for the Obama Administration.  The Commander in Chief spoke publicly about the death of Bin Laden, but those involved maintained anonymity. That anonymity, however, proved to be only temporary. [...]

Apple v. Samsung: Is the $1.05 Billion Verdict the Beginning or the End?

October 13, 2012

One Billion Dollars (and change).  In just 21 short hours a jury awarded Apple more money than either of this year’s presidential candidates has been able to raise in almost two years of campaigning.  A jury verdict of such magnitude undoubtedly serves as a wakeup call to not only the parties involved, but also to the fairly young smartphone industry.  While two mammoth corporations have been slugging it out in the consumer space, a battle has raged in courtrooms across the globe.  Tech [...]

A Safety Dance: The School Violence Protection Act and Electronic Communication

October 11, 2012

This article is part of a series addressing cyberbullying and related issues.  The previous installment can be found in The Campbell Law Observer archives. The last article in this series briefly discussed the problem of cyberbullying and how states are attempting to address the issue.  This installment takes a closer look at North Carolina’s bullying statutes. The art of bullying begins at home.  Siblings pick on one another, tease each other, and sometimes fight.  From this perspective, [...]

The Sex Offender Registry: Aiming to Serve the Public or Only Please the Public?

October 9, 2012

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 and the more likely they are to recidivate. The controlling North Carolina statute, G.S. § 14-208.12A, lays out the requirements for removing one’s name from the registry.  According to the North [...]

Bowman v. Monsanto Co.: A real-life David v. Goliath with Significant Patent Implications [Updated]

October 9, 2012

Updated May 16, 2013: The Supreme Court unanimously decided in favor of Monsanto in an opinion (pdf) published on May 13, 2013 and authored by Justice Kagan, holding that “[p]atent exhaustion does not permit a farmer to reproduce patented seeds through planting and harvesting without the patent holder’s permission.” The Supreme Court of the United States granted Vernon Hugh Bowman’s Petition for Writ of Certiorari on October 5 to decide whether the Federal Circuit erred by: [...]

Wake County Schools and the Search for a “Sound Basic Education”

October 5, 2012

In September of 2010, the Wake County Public School System (WCPSS) was served with a complaint filed by the National Association for the Advancement of Colored People (NAACP).  The complaint responded to a change in WCPSS’ student assignment plan, and was not a surprise.  Many felt the new plan was a return to segregation in schools.  The previous assignment plan provided that students in Wake County were to be assigned to schools in such a way as to achieve socioeconomic diversity.  The [...]

Outside the Protected Class? Associative Discrimination Theory in Title VII

October 4, 2012

Title VII of the 1964 Civil Rights Act aims to prevent employers from discriminating against an employee based on his or her race, color, religion, sex, or national origin, but not sexual orientation.  While the legislative history of Title VII does not clearly indicate that sexual orientation was a prominent consideration at the time of Title VII’s passage, this omission has come under increasing scrutiny in the post-“Don’t Ask Don’t Tell” era.  As sexual orientation is not a [...]

Absent Due Process, Lance Armstrong Ends His Fight With the USADA

October 3, 2012

  On June 12, 2012, the U.S. Anti-Doping Agency (USADA) notified Lance Armstrong that it had opened a formal action against him for violating anti-doping rules from 1998 through the present.  This notification followed the Department of Justice’s decision to drop its federal investigation against Armstrong in February.  To the surprise of his fans worldwide, Armstrong conceded his guilt. In response, the USADA reported that it would strip Armstrong of his seven Tour de France titles and [...]

Hot For Teacher: Gender Bias in Sentencing of Teachers that have Sex with Their Students

October 2, 2012

A female teacher from Texas was sentenced to five years in prison after being convicted of having sex with five male students in her home.  One encounter involved group sex that was recorded on a cell phone.  She was found guilty of sixteen counts of having an inappropriate relationship between a student and teacher.  Each count was punishable by two to twenty years imprisonment. Sex between teachers and their students has always been a highly-publicized ordeal throughout the country, and it [...]
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