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By: Tommi E. Powell with Angelica Chavis 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 includes all birds protected under current federal laws, including the Bald and Golden Eagle Protection Act, the Migratory Bird Treaty Act of 1918, the Lacey Act, the
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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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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
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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
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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
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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
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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 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
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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
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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.
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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
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