Topics
Recent increases in violent acts in schools have left school officials struggling to find a balance between student safety and student liberty. Fraser recognized that students’ constitutional rights in public schools “are not automatically coextensive with the rights of adults in other settings,” but the court also held in Tinker that school officials must ensure a student’s constitutional rights are not violated before restricting speech, invading privacy, or disciplining a
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Believe it or not, we are still living in a time of war. While the White House has declared an end to the war in Iraq, and the war in Afghanistan is “winding down,” the truth is that we still have American soldiers deployed in hostile areas. Many of our service members return from deployment with experiences the rest of us at home will never see. To recognize these unusual experiences, the United States has a system of military honors to recognize those service members who conduct
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It is commonly known—whether from legal training or from the 1999 thriller “Double Jeopardy”—that individuals cannot face multiple criminal punishments for the same offense. The line between civil penalty and criminal punishment can apparently be a fine one. Courts have realized that certain civil penalties, while not formally characterized as punitive, can amount to criminal punishment and thus violate the double jeopardy clause of the Constitution. In January 2013, the North
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In one of his first major acts as governor, Pat McCrory signed into law a bill that will mark a dramatic overhaul in North Carolina’s unemployment system. The bill, which McCrory signed on February 19, is the second bill he has signed since taking office in January and will go into effect on July 1 of this year. Currently, the unemployment rate in North Carolina is around 10 percent – remaining consistently higher than the national unemployment rate of 8.5 percent. The state’s
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Gambling has long been a problem faced throughout the United States. Although outright gambling has been banned almost everywhere, new forms of gambling continue to pop up. One of the more recent manifestations is the advent of the Internet sweepstakes. Internet sweepstakes have grown in popularity in North Carolina over the last five to ten years, and the North Carolina General Assembly has made repeated attempts to stop the spread and use of these gambling operations. At its most
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It was a Thursday afternoon, and I was contemplating a difficult and nuanced issue of evidence law. My eyes were closed in deep concentration… OK, so I was napping after a big lunch. My “contemplation” was interrupted by a third-year student who had done quite well in Evidence the previous semester and was interning in the District Attorney’s office under the third-year practice rule. He was visibly upset and needed to talk. The District Court judge before whom he was trying a
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It’s no secret. Law school is expensive. The average law student who pays for school through loans will graduate with over $100,000 in debt. Repaying those loans is often times overwhelming. There are some ways to discharge student loan debt, but most graduates will face the task of repayment on their own. Last year, The New York Times published an article detailing the prospects of having one’s student loan debt discharged through federal bankruptcy. In this article, the author
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Over the past 20 years, stop-and-frisk policing has risen to unprecedented levels in New York City. Studies have shown that from 1990 to 1995, the New York Police Department (NYPD) subjected about 40,000 people a year to these searches. In 2011, that number climbed to over 684,000. What is most alarming is that according to a New York Civil Liberties Union report, blacks and Latinos together make up 52 percent of the city’s population but 87 percent of those were stopped and frisked.
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PayPal experienced a cyber attack last year that spawned the seizure of computers, and the massive amount of information stored on their hard drives, in the hacking case of U.S. v. Collins, 11-471. Federal agents arrested 14 people and searched targeted computers in a dozen states. In addition to incriminating evidence, the information seized included a flood of tax returns, pictures, records, and e-mails. Currently, the prosecution has come to a halt because the defense has argued that
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It seems like in today’s culture, we cannot go anywhere without constantly using our smartphones. Accessing the internet at a moment’s notice is nothing out of the ordinary, and applications (also known as “apps”) have become critical research tools for students and professionals alike. One app in particular has the potential to make a huge difference in the way law enforcement works day today—ASSET: the Arrest, Search, and Seizure Electronic Tool, was developed by the UNC School
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Updated June 26, 2013: Last week, Rep. Lofgren introduced Aaron’s Law in the House (pdf), clarifying the language of the law to “make clear that the CFAA does not outlaw mere violations of terms of service, website notices, contracts, or employment agreements.” The proposed amendment also ensures greater prison time is reserved for repeat offenders, rather than those facing multiple charges. Before he died at the age of 26, Aaron Swartz could claim a number of
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The Arrest Around 11 p.m. on July 12, 2010, a truck pulled into the parking lot of a Winston Salem gas station,with Kevin Deon Wilson in the driver’s seat. Although Wilson later denied driving the truck, whose owner was also in the vehicle, he was arrested and charged with misdemeanor driving while intoxicated (DWI) and driving with a revoked license. Despite the relatively commonplace nature of the charges against Wilson, what followed his arrest was far from expected. The officer on the
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When most people think about the Super Bowl, parties, finger foods, and funny commercials come to mind, but not human trafficking. Yet cities hosting major sporting events such as the Olympics, the World Cup, and the Super Bowl have been surrounded by increases in prostitution and human trafficking. Sporting events attract thousands of visitors to the host cities, and millions of dollars in revenue are infused into the city’s economy. The combination of money and potential customers
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A redistricting plan that pleases everyone simply does not exist. As Justice Hudson put it in her dissent to the North Carolina Supreme Court’s most recent redistricting decision, “[R]edistricting litigation is virtually inevitable every ten years. . . .” But the controversy surrounding the General Assembly’s latest redistricting plan posed a unique question for the courts that casts new light on a centuries-old doctrine: the attorney-client privilege. The story begins in early
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A president’s wartime power has been a subject of both interest and tension since this county was founded. The United States has seen President Adams’ infamous Alien and Sedition Acts, which punished any American citizen who spoke out against the government and legalized deportation of illegal aliens. Then President Roosevelt authorized the internment of Japanese individuals living in the United States in 1942. For both Adams and Roosevelt, preserving national security was more
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