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.
It happens all the time. Defense counsel in a criminal case works hard to avoid opening the door to her client’s character. The facts of the case may be bad enough, but when the prosecutor gets to ladle a generous helping of bad character evidence on top, things go from bad to worse. But keeping the character door shut does not mean the jury will not hear about the client’s less than stellar background. That’s where NCRE 404(b), the rule that admits prior bad acts and uncharged
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On October 17, 2012, the Supreme Court of North Carolina heard oral argument in two cases concerning the legality of sweepstakes cafés – Hest Technologies, Inc. v. State ex rel. Perdue and Sandhill Amusements v. State. These two cases challenge the constitutionality of North Carolina General Statute §14-306.4 (2011) as an infringement on First Amendment freedom of speech rights of sweepstakes companies doing business in the state. The decision in Sandhill hinges on the resolution
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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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“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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Getting one’s name removed from the sex offender registry list can be a daunting and tedious process in some states. While some believe the process should be made more difficult, others find that the longer a sex offender stays on the list, the less likely they are to reintegrate into society and the more likely they are to recidivate. The controlling North Carolina statute, G.S. § 14-208.12A, lays out the requirements for removing one’s name from the registry. According to the North
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Title VII of the 1964 Civil Rights Act aims to prevent employers from discriminating against an employee based on his or her race, color, religion, sex, or national origin, but not sexual orientation. While the legislative history of Title VII does not clearly indicate that sexual orientation was a prominent consideration at the time of Title VII’s passage, this omission has come under increasing scrutiny in the post-“Don’t Ask Don’t Tell” era. As sexual orientation is not a
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Anyone who follows the news, and likely some who do not, is aware that on September 6, 2012, Drew Peterson was found guilty of the first-degree murder of his third wife, Kathleen Savio. Furthermore, you are likely aware of the immense controversy surrounding the trial. If you take a moment to Google the name “Drew Peterson,” you will quickly realize that nearly every news account focuses on the “unprecedented amount of inadmissible hearsay allowed into evidence to support his
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The Supreme Court of the United States has wrestled with the reach of the Equal Protection clause since the adoption of the Fourteenth Amendment in 1868. Courts across the country have considered the application of the clause to instances of age, sex, and race discrimination, and circumstances triggering the clause have ranged from voting rights to segregation on railroad cars. In just over a month, the Supreme Court will analyze the clause yet again, this time applying it to affirmative
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On June 28, 2012, the United States Supreme Court sent a shock wave through the nation with its opinion in National Federation of Independent Business v. Sebelius, upholding critical parts of President Obama’s major health care reform, the Patient Protection and Affordable Care Act (“Obamacare”). Since Obamacare’s passage in Congress, the nation has been sharply divided on the issues of who should determine who has health insurance and who should pay for it. Democrats have
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The Second Amendment to the U.S. Constitution provides: “A well regulated militia, being necessary to the security of a free state, the right of the people to keep and bear arms, shall not be infringed.” In District of Columbia v. Heller (2008), the U.S. Supreme Court, in striking down a ban on possession of handguns in the District of Columbia, held that “the Second Amendment conferred an individual right to keep and bear arms. Of course, the right was not unlimited,
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The headlines are almost weekly: car wrecks, injured passengers, one or more dead. The most cited culprit? Distracted driving. The increased use of cell phones has invaded nearly every sphere of life, including the confines of four-door sedans or family mini-vans. To many drivers, that long commute seems like the perfect time to call someone you’ve been meaning to get in touch with, check the daily lunch specials at your favorite restaurant, or even figure out which direction to drive
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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
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“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
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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
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As lawyers (or aspiring lawyers) we pride ourselves on our ability to interpret language or the intended meaning behind various assertions. Let’s put this skill to a little test. Consider the following two text messages from John: 1) “I don’t know if Bubba will be able to make it to the a golf course today… apparently his back is still hurting,” and 2) “I don’t know if Bubba will be able to make it to the golf course today… apparently his back is still hurting ;-).” Now
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