Topics

Hot for Contracts: How Van Halen Illustrates the Importance of Reading a Contract

October 9, 2020

Surrounding the word “contract” is an air of importance and gravity.  Indeed, one does not need a lawyer to understand that contracts carry serious legal weight­, and accordingly, potentially severe consequences for their breach.  However, contrary to popular belief, these solemn covenants are not limited to complex business arrangements between sophisticated executives.  Contracts—and their consequences—govern virtually every aspect of our daily lives in one form or another. With [...]

Supreme Court Ruling in Espinoza Has the Potential to Change School Choices for Students in Many States

October 3, 2020

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 religious beliefs or practices.  Recently, the tension has surfaced most often concerning education funding and school choice programs.  In January, the United States Supreme Court heard oral arguments [...]

Can’t Be Tamed: Exotic Animal Ownership Laws of North Carolina and the Federal Government

September 18, 2020

When it first premiered in March, Netflix’s hit miniseries, Tiger King, revealed a fascinating and often disquieting glimpse into the bizarre world of big cat ownership.  The show immediately became something of a cultural phenomenon, thanks to its colorful cast of characters and outlandish plot twists, but it also catapulted the plight of thousands of big cats into the national spotlight.  For the few remaining people who haven’t seen it, the core of the show revolves around a bitter [...]

Signed. Sealed. Delivered?

August 11, 2020

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. [...]

North Carolina Medicaid: Caught in the Middle of a Political Stand-off

May 26, 2020

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 state Medicaid program operates under a fee-for-service model.  For every service that a provider renders to a Medicaid enrollee, the service is billed to the state at a predetermined reimbursement rate. [...]

Environmental Groups Petition Supreme Court to Halt Construction of Border Wall

May 15, 2020

One of the most hotly politicized issues in the United States this year is whether the President has the authority to direct the construction of a wall on the southern border between the United States and Mexico.  Passionate arguments arose from all sides of the issue, and even made its way through the court system.  In 2019, the Supreme Court ruled that the Trump administration has the authority to redirect funds allocated to the military towards construction of a border wall.  However, [...]

Houston Astros Sign-Stealing Scandal: A Review of Legal Actions Brought by Ticket Holders

May 11, 2020

 The Houston Astros became the poster child of cheating in professional baseball this past year, due to their sign-stealing scheme that spanned the entire 2017 Major League Baseball (MLB) season and the earlier part of the 2018 season.  To make matters worse, the Astros won the 2017 World Series, leaving many fans and players to speculate whether or not they would have won the title absent cheating.  While sign-stealing is not illegal, and, in fact, is commonplace around the league, MLB [...]

Tracking the Recent Decisions in North Carolina’s Satellite-Based Monitoring Jurisprudence

May 4, 2020

The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated . . . .   The black device exclaimed “low battery” in a robotic voice drawing curious glances from passerby. This was his cue. The ankle monitor called the shots; he either had to leave or find a nearby electrical outlet for the device’s daily two-hour charging. Letting it die was not an option as it would lose signal—a major violation, [...]

Leandro: The Constitutional Battleground For A Sound Education

April 24, 2020

After more than twenty years of litigation, Wake County Superior Court Judge David Lee signed a consent order in Leandro v. State, adopting the recommendations of a study conducted by WestEd.  The 34-page order, released January 21, 2020, reignited a divisive constitutional issue regarding separation of powers and the right to a sound education. Background The Leandro legal battle began in 1994 after five rural school districts sued the State over their inability to provide an education equal [...]

E-cigs Going Up in Smoke: FDA Cracks Down on Vape Products Marketed towards Minors

April 10, 2020

With e-cigarette use among youth rising to epidemic levels, Juul and other e-cigarette companies are facing greater scrutiny, more attention from regulatory agencies, and private litigation.  On December 20, 2019, President Trump signed into law an amendment to the Federal Food, Drug, and Cosmetic Act, raising the federal minimum age for the sale of tobacco products from 18 to 21 years, effective immediately. The amendment follows a statement by the Trump Administration in September 2019, [...]
1 5 6 7 8 9 84