A Reality We Know All Too Well
"Although gun violence is not unique to the United States, the proportion in which gun related deaths occur in the United States in comparison to the rest of the world is much higher." ...[Continue Reading]
Legislative and Policy
Highlighting state and national legislative news, focusing on some of the most important policy issues of the day.
What Happens after “Guilty?” A Look into North Carolina’s Motion for Appropriate Relief System
For many defendants, a verdict of “guilty” signals the end of their legal battle. But when the prosecutor commits errors, the relevant law has changed, or the defendant had ineffective assistance of counsel, the defendant may get a second chance through post-conviction relief. Defendants ...[Continue Reading]
The Officer that Cried “Weed.” Why Some States Won’t Legalize Marijuana.
Picture it; a car is pulled over by the police for a traffic offense—perhaps speeding or not using a turn signal. The officer says he smells marijuana and demands that the driver get out of the car so that he can proceed with his warrantless search. The officer finds marijuana, cocaine, and a ...[Continue Reading]
Banning Books: School Board Attempts to Ban Certain Ideologies
“Banning books gives us silence when we need speech. It closes our ears when we need to listen. It makes us blind when we need sight.” -Stephen Chbosky For the past 25 years, Wilkes County Schools have participated in a program called “Battle of the Books.” Battle of the Books encourages ...[Continue Reading]
Public Policy vs. The Constitution: Confronting Minor Victims of Sexual Assault
Ratified in 1791, the Sixth Amendment of the United States Constitution sets forth rights related to criminal prosecutions. The amendment requires a speedy and public trial as well as an impartial jury; it also encompasses the confrontation clause. The Confrontation Clause provides that “in ...[Continue Reading]
Flag on the Play: NCAA v. Alston changes the face of Name, Image, and Likeness Rules for thousands of student-athletes
In September of 2019, California Governor Gavin Newsom signed a bill that would allow California’s collegiate athletes to profit from their name, image, and likeness beginning in 2023. The bill was passed in direct opposition to the NCAA regulations that prohibit ‘amateur’ athletes from ...[Continue Reading]
The Commodification of the Human Body & the Legal Status of Body Parts
The common law says very little about our rights to dispose of or profit from our bodies. If body parts are given value, then that puts a price on human life. The failure to address this issue has led to the promulgation of just that issue, regardless of whether society is ready to confront it. ...[Continue Reading]
Blanket Immunity in the Face of COVID-19: Disparate Public Policy Impact for North Carolina Nursing Home Residents
As COVID-19 began to sweep the nation in the Spring of 2020, many state governments began taking measures to protect the nation’s health care workforce during such unprecedented times. Among these measures were actions taken by state officials from both the executive and legislative branches that ...[Continue Reading]
Going to Carolina in My Mind: The Hidden State Symbols Within the North Carolina General Statutes
The North Carolina General Statutes are often ignored in the discussion of North Carolina greatness, but the statutes showcase hidden symbols that give deeper insight into our state’s history. ...[Continue Reading]
Can Implementing Restorative Justice in K – 12 Schools Eliminate the School-to-Prison Pipeline for Minority Students?
The school-to-prison pipeline is a serious issue in the educational system and American society. Restorative Justice efforts can help phase out the school-to-prison pipeline for many students of color. However, it must be implemented comprehensively across schools for it to be successful, and teachers must be supported throughout the process. ...[Continue Reading]
Lingering Relics in North Carolina Tort Law: Alienation of Affection
North Carolina should abandon its adherence to the recognition of alienation of affection as a valid cause of action. It is not only because of its antiquated and frankly sexist origins but also because it likely does not serve to protect marriages adequately. ...[Continue Reading]
Brave New World? States Take First Steps Towards Decriminalization of Hallucinogens
While the debate regarding the legalization of marijuana has occupied the forefront of the national stage, an argument to decriminalize another class of prohibited substances has also been building steam: hallucinogens. Currently, hallucinogens like psilocybin, colloquially known as “magic ...[Continue Reading]
Supreme Court Ruling in Espinoza Has the Potential to Change School Choices for Students in Many States
The Supreme Court has had another opportunity to address the tension between the religion clauses: the Establishment Clause, which prohibits the government from establishing a religion, and the Free Exercise Clause, which requires the government to accommodate individuals to freely follow their ...[Continue Reading]
Signed. Sealed. Delivered?
Amid government efforts to quell correspondence of prisoners, prisoners seek to enforce their fundamental First Amendment free speech rights, compelling federal courts to discharge their duty to protect them and create a clear standard by which the government should be bound in preserving this Constitutional covenant. ...[Continue Reading]
North Carolina Medicaid: Caught in the Middle of a Political Stand-off
North Carolina’s Medicaid program provides healthcare for 2.2 million low-income seniors, disabled persons, children, and their families. The state Medicaid program costs over $14 billion annually, with the federal government contributing $2 for every $1 paid by the state. Currently, the ...[Continue Reading]