Legislative and Policy

Highlighting state and national legislative news, focusing on some of the most important policy issues of the day.

Money Talks: United States Domestic vs. Foreign Affairs

April 3, 2024

The issue here is not that the government does not have money for the problems that we are facing within the borders of the United States, but rather that the United States government has chosen to use the money to aid our allies and influence global foreign policy. [...]

Necessary Reform or Blurring Transparency: A Look into The New State Bar Review Committee

April 1, 2024

An essential aspect of the State Bar’s grievance process is the transparency it provides for the public.  Limiting public access to disciplinary actions against lawyers diminishes that transparency and may even be said to go against the purpose of the State Bar to protect the public and maintain the integrity of our profession.  If a prospective client is trying to find an attorney, they should be able to see that attorney’s discipline record regardless of the severity of it. [...]

The Future of Data Privacy in the United States

February 7, 2024

As federal policymakers research and draft data privacy legislation for the entire country to follow, there is tension between these state acts and the federal government’s plan for the future of data privacy in America. [...]

To Drink or Not to Drink?

February 6, 2024

The 21st Amendment was passed on December 5, 1933, ending the nationwide prohibition.  North Carolinian drinkers rejoiced, although their celebrations were short-lived. The state stayed true to its temperance roots and continued to enforce its state-wide prohibition for several months. [...]

Florida Woman Files “Tester” Suit(s)

January 22, 2024

Laufer, a Florida woman who qualifies as a disabled person, holds herself out to be “an advocate of the rights of similarly situated disabled persons.” As such, this Floridian crusader, albeit un-caped, has filed over 600 lawsuits with the goal of enforcing Title III of the ADA. [...]

A Reality We Know All Too Well

November 20, 2023

"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." [...]

What Happens after “Guilty?” A Look into North Carolina’s Motion for Appropriate Relief System

August 9, 2023

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 convicted as juveniles have had their life without parole convictions changed to life with parole. Other defendants have gotten new trials with effective counsel and received a “not guilty” verdict. [...]

The Officer that Cried “Weed.” Why Some States Won’t Legalize Marijuana.

February 1, 2023

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 firearm. What started as a simple traffic stop has now turned into a full criminal investigation. Something that would have been handled quickly in traffic court now has the potential to be a criminal [...]

Banning Books: School Board Attempts to Ban Certain Ideologies

January 14, 2023

“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 reading among students in 3rd through 12th grade by creating and circulating a reading list to parents and students. After reading the books, students compete against one another in a quiz bowl style [...]

Public Policy vs. The Constitution: Confronting Minor Victims of Sexual Assault

January 14, 2023

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 all criminal prosecutions, the accused shall enjoy the right…to be confronted with the witnesses against him.” The purpose of this provision is to allow defendants to question their accusers in [...]

Flag on the Play: NCAA v. Alston changes the face of Name, Image, and Likeness Rules for thousands of student-athletes

October 31, 2021

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 receiving personal sponsorships and endorsements while they are collegiate athletes.  While debates over name, image, and likeness (NIL) compensation existed prior to the passage of the California bill, [...]

The Commodification of the Human Body & the Legal Status of Body Parts

May 15, 2021

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. [...]

Blanket Immunity in the Face of COVID-19: Disparate Public Policy Impact for North Carolina Nursing Home Residents

May 1, 2021

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 aimed to mitigate health care workforce barriers, slow the spread of COVID-19, and shield health care providers from civil liability for COVID-19-related claims. Many argue that these state actions, [...]
1 2 3 14