Topics

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 [...]

Protection for Play: Student-Athletes and the Renewed Fight for Workers’ Compensation Benefits

June 23, 2022

The National Collegiate Athlete Association (“NCAA”) has a longstanding history of denying employment-related benefits to student-athletes.  Student-athletes have never been able to claim employment status at the university they attend. Accordingly, injured student-athletes have traditionally been unable to make a claim for workers’ compensation benefits.  The theory and rationale behind denying student-athletes employment status at the university they attended is based on the idea of [...]

Pulled Pork: How North Carolina Lawmakers have Pulled Hog Farm Suits from the Docket

May 10, 2022

Special Note: This article was co-authored by Corey A. Goss ’23 whose passion for attending law school was inspired by this very topic. North Carolina human population: 10.5 million North Carolina hog population: 9.5 million Almost 100 years ago, it was common to find a hog on almost every farm in the United States, as families butchered and consumed their own family-raised hogs.  With the Great Depression, though, hog production became commercialized and hogs were found less and less on [...]

Supreme Court Gets Supremely Partisan

April 20, 2022

Ketanji Brown Jackson is the latest nominee to be confirmed to the Supreme Court of the United States.  When President Joe Biden nominated now-Justice Jackson on February 25, 2022, he was fulfilling a promise, made on the 2020 Presidential Campaign trail, to nominate the first Black woman to the Supreme Court.  Jackson’s nomination comes after Justice Stephen Breyer announced he would be retiring from the Court when its summer recess commences.  Judge Jackson’s confirmation would replace [...]

Murder on the “Rust” Express

March 29, 2022

As facts continue to come to light about Halyna Hutchins’s death, there is one thing that is known, Hutchins was fatally shot with a loaded prop gun while on the set of the film, “Rust.”  As the wielder of the weapon, Alec Baldwin has been implicated in her death.  The police have begun to investigate the event, and the world is wondering what the legal impacts of the incident will be on Baldwin, the producers, and the film industry itself. “In persons grafted in a serious trust, [...]

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 [...]

The Night the Lights Went Out in SC

March 10, 2022

The name “Murdaugh” has held a position of honor in the South Carolina Lowcountry for over three generations.  In addition to a private law practice, at least one Murdaugh served as the 14th Circuit Solicitor for over 80 years.  The 14th Circuit Solicitor’s Office sits between two of the South’s most important cultural centers, Charleston and Savannah—the Office is part of a region steeped in cultural mysticism.  The Solicitor’s Office has long been home to a member of the [...]

Minor League Baseball’s Major Contract Problem

March 9, 2022

Fall signals the arrival of colder weather, brown leaves, and pumpkins.  It also brings one of the best times to be a sports fan with the National Hockey League (NHL) and National Basketball Association (NBA) starting new seasons, the National Football League (NFL) in full swing, and postseason Major League Baseball (MLB). In 2021, the Atlanta Braves were the MLB Champions after they defeated the Houston Astros in the World Series.  For the twenty-six players on each team, winning the World [...]

COVID-19 Policies and Precautions in The United States Prison System

March 4, 2022

Since the beginning of the pandemic, the United States prison system has been dealing with mass outbreaks of COVID-19.  As of January 28, 2022, out of the total number of inmates tested for COVID-19, approximately 539,406 (7.6%) inmates tested positive.[1]  As of February 24, 2022, 192,722 prison staff across the United States have tested positive for COVID-19.  This article considers potential reasons for these outbreaks by examining inmate and staff disease and vaccination statistics, as [...]

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 [...]

North Carolina Lighthouses: Shedding Light on Our State’s History

February 15, 2022

Lighthouses were born out of necessity—to guide mariners into harbors and to warn them of perilous shoals, shallows, and coastlines.  To those seafarers, lighthouses soon became symbols of hope, safety, and home. North Carolina is fortunate enough to have seven historic lighthouses.  Having survived hundreds of years along our coastline, battling not only hurricanes and shifting sands, but also legal disputes, these lighthouses remain steadfast because of preservation efforts by the [...]

Subscription-Based Ownership: The End of Property?

February 1, 2022

It’s not about the fox.  This phrase will cause the ears of first-year law students across the country to perk up, either from fond remembrance of their first Property course, or from the dread of their Property final.  Either way, they will likely recognize this phrase in relation to two hunters’ early 19th-century dispute over ownership of their shared quarry: a single fox.  Pierson v. Post might not be a household name in the United States, but it is a foundational decision for the [...]

Cancel Culture: Exploring the Legal Justifications for President Biden’s Authority to Cancel Student Through Executive Order

January 27, 2022

Issue Background In recent years the question as to what should be done about the ever-increasing amount of student loan debt, both federally and privately held, has become a hotly debated political issue.  Regardless of political affiliation, it is generally agreed that student debtors are particularly burdened by their obligation to repay their loans and that this adversely affects their ability to participate in the national economy.  Various plans aimed at lessening this burden have [...]

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, [...]

Taunted by the Haunted: The Extreme Horror Attraction that Continues to Evade Legal Liability

October 29, 2021

Reaching the Tennessee State Senate: 200,000 Signatures Required. Approximately 170 thousand signatures have been gathered on Change.org in an attempt to have an extreme scare attraction in Tennessee shut down.  McKamey Manor is an experience offered in Summertown, Tennessee and Huntsville, Alabama that boasts it is “not your standard . . . haunted house.”  The creator of the petition to shut down the house, Frankie Towery, describes the Manor as “a torture chamber under disguise,” [...]
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