Let Them Eat Cake Liver: The California ban on foie gras

July 2, 2012

In 2004, the California legislature passed a bill, SB 1520,  making California the first state to ban the force-feeding of birds.  Force-feeding is a process wherein a bird, usually a duck or goose, is forced to consume more food for the purpose of enlarging its liver.  This enlarged liver becomes foie gras, a rather expensive delicacy.  The bill not only bans the act of force feeding for the purpose of enlarging the liver, the bill also bans the selling of foie gras produced by Cake Liver: The California ban on foie gras">[...]

“Don’t Teach Me, Bro!”: Educational Responsibility in the Age of Wikipedia

July 2, 2012

Every college student who worked his or her way through freshman composition has done it.  The research paper is a rite of passage on American university campuses.  It is a project that teaches students the nature of academic thought and writing:  utilizing credible sources to support an argument or point of view.  There is an emphasis not only on citing sources, but also on evaluating the sources the student uses to support her argument.  But what actually counts as “research”?  And [...]

House Bill 819: Tomorrow’s Forecast, Yesterday

July 2, 2012

One does not simply look at a ten day forecast and expect the 10th day to be exactly as predicted, because forecasts are subject to change.  It is with this basic notion in mind that many North Carolinians have questioned the purpose of House Bill 819, short titled Coastal Management Policies.  The bill has also been ridiculed nationwide, including a segment on the satiric Colbert Report.  Scientific American, in a blog post entitled “N.C. Considers Making Sea Rise Illegal,” [...]

Life without parole for juveniles: How teenagers grow old in prison.

July 2, 2012

The law deems minors too young to vote, drink, or drive; however, a minor may be sentenced to life without parole for committing certain crimes.   The issue of whether juveniles can be sentenced to life without parole is currently pending before the Supreme Court and there are strong proponents on both sides of this controversial issue.  In 2005, the Court held in Roper v. Simmons that juveniles cannot face the death penalty, and in 2010 the Court further held that juveniles can no longer [...]

Who Dat Say They Gon’ Pay Dem Saints?: Should Illegal Contracts Be Enforceable Within the NFL?

June 25, 2012

When it comes to sports, there is the good, the bad, and the ugly.   I would classify the good as somewhere around the Boston Celtics and the bad would definitely have to include the New Orleans Saints.  Please allow me to preface this article with full disclosure:  I absolutely abhor the Saints.  I make it a point to cheer for any team that is playing them.  Then, to add fuel to my hatred, “bountygate” occurs.   Over the course of the past few seasons, several players and coaches, [...]

The Virtual Legal Market

June 20, 2012

In today’s market, a sizable portion of the population neither has access to nor cannot afford full legal representation.  Limited scope representation, or unbundled legal services, can be an attractive option to both an attorney and a client.  Unbundled legal services are more limited in scope, and are presented to the client as a “menu” from which the client can choose.  In other words, the client decides how much he or she will do themselves and how much the attorney will be [...]

Smile, Officer! You’re on Camera!

June 20, 2012

iPhones, Androids, Blackberries, and digital cameras – what do they have in common?  They all have the potential to turn a routine traffic stop into the next big news story.  But do ordinary citizens have the right to record police officers during routine stops and other citizen-officer interactions?  According to the U.S. Department of Justice, and several Circuit Courts – Yes! Jonathon Smith, the Chief of the Special Litigation Section of the Justice Department’s Civil Rights [...]

You Are Entering the Exception Zone

June 18, 2012

Meet Emily Herx – an English teacher at a parochial school.   Emily is a happily married, ambitious young woman who wants nothing more than to start a family.  Emily suffers from a diagnosed medical condition that causes infertility.  Last June she began in vitro fertilization (IVF) treatments with high hopes of fulfilling her life-long dream of becoming a mother.  Now, as a result of those treatments, Emily is unemployed and has a lawsuit pending in the U.S. District Court in Fort [...]

Helping Needy Kids or Destroying Public Education? Tax Credits for Donations to Scholarship Funding Organizations

June 18, 2012

If House Bill 1104 becomes law, North Carolina will become the tenth state to grant tax credits for donations to what are called “scholarship funding organizations” – nonprofit organizations that give scholarships or tuition grants to economically disadvantaged children in public schools to allow them to attend the private school of their choice.  The concept seems appealing, but the bill has sharply divided the General Assembly along party lines.  Its Republican proponents assert that [...]

The Pros and Cons of a “Do it Yourself” Divorce

June 12, 2012

“Do it yourself” became a common phrase in the English language around the 1950’s, and originally referred to home improvement projects individuals could complete without hiring a professional.  Today, a multitude of magazines, websites and even television networks are devoted to “DIY” projects, which include a scope of tasks much greater than home improvement.  While there are certainly some benefits to the do-it-yourself idea, an individual should consider whether “DIY” has [...]

The Problem with Breedism

June 11, 2012

American Staffordshire Terrier.  Chow Chow.  German Shepherd.  Doberman Pinscher.  Staffordshire Bull Terrier.  Bulldog.  Akita.  Boxer.   Chinese Shar-Pei.  Mastiff.   Great Dane.   Rottweiler.  Siberian Husky.  Pit Bull.  These are only some of the breeds affected by Breed Specific Legislation (BSL) throughout the United States.  Defined as a statute or regulation directed toward one or more specific breeds, BSL is an ugly term that strikes fear in the hearts and minds of [...]

“Can you hear me now? Good?”

June 11, 2012

“Can you hear me now?  Good!” is perhaps one of the most recognizable quotes from a Verizon Wireless television commercial which advertises the extent and reliability of its cell phone coverage, but cell phone companies are providing more than just reliable service for their customers nationwide.  Local law enforcement agencies (LEA) around the country have been using cell phone tracking as a routine tool in criminal investigations without first obtaining search warrants based on [...]

Crime and Punishment: Jailing Employers Who Do Not Pay Into Workers’ Comp

June 4, 2012

It is the public policy of this state to provide for workers who can no longer work due to permanent partial or total disability.  The question of how this State effectuates that policy has recently come into question and there have been increasing calls for employers who fail to pay their workers’ compensation insurance to go to jail.  In North Carolina, workers’ compensation is governed by N.C. Gen. Stat. § 97.  The Statute provides that all businesses employing three or more [...]

Is a Facebook “Like” Entitled to Constitutional Protection?

June 2, 2012

The Facebook “like” feature allows users to click a thumbs up icon attached to posts, pictures, links, and pages.  By clicking this “like” button, users can “like” pages of companies, political candidates and even candidates in a cutest baby contest.  But is a Facebook “like” an expression of liking or supporting something? On April 24, in Bland v. Roberts, Judge Raymond Jackson of the United States District Court for the Eastern District of Virginia ruled “merely [...]

The Thirteenth Juror: The “CSI Effect”

May 26, 2012

We have heard it repeatedly: “A criminal defendant is innocent until proven guilty beyond a reasonable doubt.”  There is no doubt this is a high standard; indeed, the highest standard our judicial system has to offer, and rightfully so.  As Justice William Blackstone judiciously declared, “it is better for ten guilty men to go free than for one innocent man to be condemned to the gallows.”  Of course not everyone shares this sentiment, just compare that of former Communist leader [...]
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