Understanding the Law

Explaining court cases, statutes, and executive actions across the country, providing valuable analysis of the facts and legal impact on the public.

The Law’s Imaginary Playbook: Navigating Legal Fictions

March 21, 2024

In the common law system, legal fictions have been utilized to adapt to changing circumstances and address gaps in legislation. English common law, with its emphasis on precedent and flexibility, incorporated legal fictions into its legal system to achieve justice.  [...]

Legal Backlash to the #MeToo Movement: A Rise in Defamation Lawsuits Against Survivors

March 12, 2024

As evidenced by the cases mentioned above, defamation lawsuits wield a significant amount of power against victims.  Although the First Amendment protects a wide variety of speech, including truthful statements from victims who choose to share their stories, these lawsuits are extremely effective.  Facing a lawsuit, or even the mere threat of legal action can instill profound fear in victims. [...]

Tag, You’re It! – Internet Jurisdiction “Enters the Chat”

August 9, 2023

One core subject every law student learns in their Civil Procedure course is “personal jurisdiction.” “Personal jurisdiction is the power of a court to make a decision about the party being sued in a legal suit. Simply put, a person or entity can only be sued in a legal jurisdiction if the jurisdiction has the power to compel the Defendant’s attendance. This makes sense if we examine the meaning and origins of the word “jurisdiction” itself. Jurisdiction is a combination of two [...]

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 [...]

To (Legal)Zoom or Not to (Legal)Zoom: A Look Into the Online Legal Services Industry

March 21, 2022

The year is 2022 and the internet is, more than ever before, a prominent part of individuals’ everyday lives.  The internet is responsible for not only the creation of new industries but also the reshaping of existing trades and professions to meet the needs of a digital era.  For example, legal services, which have traditionally only been available via in-person meetings at a local law office, are now accessible from a home computer or cell phone.  Through online legal service providers [...]

Juvenile Status Offenders: Let Them Have Their Day [Out of] Court

February 15, 2022

 Status Offenders: Guilty of Youthful Offenses There are two types of juveniles represented within North Carolina’s juvenile justice system: status offenders, otherwise known as simply “undisciplined” juveniles and delinquent juveniles.  Delinquent juveniles typically draw the attention of the public eye, as they are the minors that commit “adult” level offenses, such as robbery, vehicle theft, or assault with a deadly weapon.  Status offenders, however, commit offenses that are [...]

What in the World are NFTs? A Primer

May 14, 2021

"Now what the heck's an NFT? Apparently cryptocurrency, everyone's making so much money, can you please explain what's an NFT?" - Pete Davidson of Saturday Night Live [...]

Feet, Don’t Fail Me Now…On My Way to Receiving a Copyright-Protected Title for My Choreographic Work

April 9, 2021

Every culture has its own customs, rituals, behaviors, beliefs, dress, and languages.  These cultures may be united in a broad context, such as living on a particular continent, or in a narrow context, such as working in a specified field found within a one-mile radius.  Dancers are no different, for they breathe a culture all of their own.  The term “dancers” may encompass the performers for any of the forms of dance found within, such as ballet, contemporary, tap, hip-hop, jazz, cheer, [...]

Shedding Light on the Supreme Court’s Shadow Docket

April 2, 2021

The Supreme Court of the United States as an institution is often praised for its transparency and articulate reasoning that serves as a lodestar for judges, scholars, and law students.  When opinions are handed down, they are closely studied for legal arguments that eventually make their way back to court in other cases. The standard operating procedure to have a case heard before the Court is a long and often slow process that prioritizes careful decision-making over speed.  A lawyer will [...]

Insurrection at the Capitol Revives Debate Over Statute Outlawing Domestic Terrorism

January 19, 2021

Currently, there is no federal law or crime that directly addresses and outlaws “domestic terrorism.” Thus, domestic terrorism is not a chargeable criminal offense. Despite the fact that lawmakers, experts, and the media have identified the reprehensible events of January 6th as domestic terrorism, prosecutors cannot actually charge the rioters specifically with domestic terrorism. [...]

Workers’ Compensation Laws Shift to Meet the Nuanced Needs of the COVID-19 Era

November 13, 2020

As North Carolina continues to reopen, many employers are left wondering the extent of their liability for employees contracting COVID-19.  The debate on the matter has ranged from desperate pleas of employees to hold employers liable for unsafe work environments, to demands for civil immunity by businesses and healthcare workers.  Senator Mitch McConnell has gone so far as to state that the current legal atmosphere is primed to incite “the biggest trial lawyer bonanza in history.” State [...]
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