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“You’ve been served” is something no one ever wants to hear, but what if while checking out your new friend requests on Facebook, you were also greeted with a notification of service? While it seems far-fetched, Manhattan federal judge Paul Engelmayer ruled in March that U.S. Government lawyers could serve process on a group of defendants in India via Facebook. The Federal Rules of Civil Procedure require the method of service to be one reasonably calculated to give notice. Rule 4(f) of
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Updated June 7, 2013: The North Carolina General Assembly House voted on Wednesday, June 5 to repeal the Racial Justice Act on a 77 to 39 vote. The vote was split strictly along party lines, with no Democrats supporting repeal and only one Republican representative opposing repeal. The Senate passed an almost-identical bill in April 2013 but must now approve minor changes made by the House. Republican Governor Pat McCrory is widely expected to sign the bill, as well. Although the
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Throughout history, pop culture has been a discussion board of sorts for society’s concerns about omnipresent government surveillance. George Orwell’s novel 1984, a classic tale of “Big Brother,” “thought control,” and pervasive government surveillance, is required reading in many high school English courses. More recently, the hit show “Person of Interest” on the CBS network has grappled with these types of concerns. Viewers watch as a vigilante goes about New York City
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Updated June 17, 2013: The Supreme Court, in a plurality opinion (pdf) written by Justice Alito, ruled that the right to remain silent must be expressly invoked in order for that silence to be protected at trial, even if that silence is pre-arrest. We have all heard it before, some of us through personal experience and others through fictional television shows such as Law & Order: “You have the right to remain silent. Anything you say can and will be used against you in a court of
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Last week, the Senate voted on the Marketplace Fairness Act of 2013, a bill that would require online and mail-order businesses to comply with the same tax withholding requirements as in-state brick-and-mortar businesses. The bill had strong bipartisan support and was passed by a vote of sixty-nine to twenty-seven in the Senate. However, the bill may face opposition in the Republican-controlled House of Representatives, since some consider the bill a tax increase. Yet, internet and
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Ronald Reagan famously decried an over-bearing government, saying that the “nine most terrifying words in the English language are: I’m from the Government, and I’m here to help.” Well, the distracted driving laws enacted by states over the past few years have plainly failed to be as effective as intended, and the federal government is now here to help drivers keep their eyes on the road and hands on the wheel. A number of actions can divert a driver’s attention away from
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Editor’s Note: Judge Leonard has been appointed as the next dean of Campbell’s School of Law, effective July 15, 2013. The Campbell Law Observer and the Campbell Law Review are pleased to honor our new dean, Judge Rich Leonard, with the following article by Chief Judge Doub. None of us were greatly surprised at the opportunity to become Dean of the Campbell Law School recently afforded to Judge J. Rich Leonard. What a great opportunity and what a perfect fit for such a talented
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In 1979, the Campbell Law Observer was founded as one of only two legal publications at Campbell Law School, and the legal periodical provided a media platform–albeit entirely in paper format and produced semi-annually–to address emerging issues in law and public policy for the legal discourse community in North Carolina. The Founding Editor Hugh Franklin created a plaque to recognize the service and dedications of successive Editors of the Law Observer. When we assumed the
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As a law professor, I’m always looking for interesting cases from which to create exam questions, both multiple choice and essay. Sometimes the cases are rather straightforward and illustrate the application of a rule of evidence quite well. These usually make great cases for multiple choice questions. Other times they are complicated and nuanced and are much closer calls on the outcome. These make great essay questions. Then there are those that simply get the law wrong. They,
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People routinely use the Internet for various functions. Whether personal, professional, or political, web use undoubtedly plays a prominent role in the everyday lives of many Americans. As is often the case, however, with popularity often comes problems. Turn on the news, click on a news website, or tap the news app on your smartphone, and you likely will find a story involving the use – or misuse – of technology and social media. In March of 2011, Virginia attorney Horace Hunter
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Rule 103 of the North Carolina Rules of Evidence contains nearly identical language to the same Federal Rule of Evidence prior to its amendment in 2000. Originally set to be effective on October 1, 2003, the General Assembly amended former Rule 103 by adding the following language to subsection (a)(2): “Once the court makes a definitive ruling on the record admitting or excluding evidence, either at or before trial, a party need not renew an objection or offer of proof to preserve a claim
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With the first super majority the Republican Party has seen in the North Carolina General Assembly in over a century and the lack of a Democratic veto power in the Governor seat, the state is sure to see a change in its political agenda and legislation in the coming years. Among the proposed legislation, one hot topic in particular has been Bill 589, otherwise known as the Voter ID Bill. The Voter ID Bill was proposed on April 4, 2013, and is a more lenient version of a similar bill that was
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I doubt there’s a prosecutor or plaintiff’s lawyer in the state who would give up the opportunity to be the last lawyer to address the jury in a contested case. Getting the last word is important. The principle of recency tells us the people tend to remember what they hear last. What better way to send the jury into the deliberation room that with your powerful closing argument ringing in their ears? But there’s another principle of persuasion that seems to get overlooked in many
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In 1935, desperate to find a way to fairly and efficiently resolve labor disputes, Senator Robert F. Wagner of New York introduced a bill in Congress. The bill, soon to become known as the Wagner Act, was signed into law in July of that year. The Wagner Act created the National Labor Relations Board (NLRB), an independent federal agency that still exists today. One of the original purposes of the NLRB was to be an enforcement mechanism for protecting certain employee rights, such as the
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The North Carolina House of Representatives recently filed a controversial bill that would allow superior court clerks, magistrates, sheriffs with at least ten years of experience, and law enforcement officers with 25 years of experience to become District Court judges. House Bill 397, known as the “Expand District Judge Eligibility” bill, is sponsored primarily by Justin Burr of Albemarle, Jeff Collins of Rocky Mount, and Mike Stone of Sanford. The bill rewrites Section 22 of
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