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Note from the Editors: On December 3, United States District Court Judge William Shubb ruled that the ban on conversion therapy signed into law by California Governor Jerry Brown may violate free speech rights of therapists who oppose homosexuality. Judge Shubb issued an injunction preventing the state from enforcing the ban against the three providers who sued to block the ban. Judge Shubb wrote, “Even if SB1172 is characterized as primarily aimed at regulating conduct, it also extends
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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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When law school graduates receive news that they successfully passed the Bar Exam, the next big step to becoming a practicing attorney is to be sworn in. Here in North Carolina, hundreds of soon-to-be lawyers walk into their local courthouse and swear before a judge, other attorneys, and friends and family to meet a certain standard required of them under the law. One of the several oaths reads, “I swear that I will truly and honestly demean myself in the practice of an Attorney,
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By: Tommi E. Powell with Angelica Chavis On October 12, 2012, the United States Department of Justice issued an internal policy memo concerning the use and possession of protected birds and bird parts by Native Americans. The memo sought to bring enforcement of the use and possession in line with the Morton Policy. The memo includes all birds protected under current federal laws, including the Bald and Golden Eagle Protection Act, the Migratory Bird Treaty Act of 1918, the Lacey Act, the
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Virtual charter schools have been hailed as an innovation that allows greater flexibility and access to quality education. But critics say this innovation comes at the high price of diverting taxpayer money from traditional “brick and mortar” public schools. The North Carolina State Board of Education has consistently refused to consider virtual charter applications, but a case currently on appeal may give at least one local board a workaround. Charter schools, virtual or otherwise, are
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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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On August 24, 2012, in R.J. Reynolds Tobacco Co. v. FDA, a divided panel of the D.C. Circuit Court of Appeals held that a provision of The Family Smoking Prevention and Tobacco Control Act violated the First Amendment. Signed by President Barack Obama on June 22, 2009, the Act purports to give the U.S. Food and Drug Administration (FDA) the authority to require that cigarette packages manufactured or sold in the United States contain textual warnings and color graphics depicting the negative
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In Star Trek: Insurrection, Captain Jean-Luc Picard finds himself surrounded by his slow moving yet deadly opponent, the Borg. Luckily for Picard, he has access to a “replicator”, a device that can create almost any object on request. Picard uses the replicator and requests a Tommy gun, which he uses to defend himself. The idea that someone could possess a machine that could produce any item, including guns, on request was once relegated to the realm of science fiction. However,
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United States Supreme Court Chief Justice John Roberts recently identified technology as one of the most difficult challenges for the Court, both now and in the future. During a recent informal discussion at Rice University, Chief Justice Roberts said, “What is the fundamental protection offered by the Constitution when applied to new technology and situations? It’s a question that comes along all the time.” The issue of applying the law to new technologies is one which is
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Imagine you are interested in selling your business, but you have yet to advertise or solicit the sale. A resident of another state contacts you and wants to purchase your business. Though your business and its operations are located in the state in which you live, the out-of-stater proposes to buy your business. The deal is never completed and the potential buyer sues you in his home state. But you have never conducted any business there or even visited the buyer’s state. Would it
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Almost 200 white firefighters rallied outside the Federal District Court in Brooklyn, New York earlier this month to face Judge Nicholas G. Garaufis to voice their outrage over his rulings that some have called “a perversion of justice.” Judge Garaufis’ ruling will require an overhaul in hiring practices to hire more minority candidates, which could end up costing New York City $70 million. Over the span of four days, Judge Garaufis heard grievances from 38 New York firefighters. “I
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Four years after splitting from actress Nicole Kidman, Tom Cruise supposedly approached several actresses with an offer for a five-year marriage contract. According to the Hollywood rumor, actresses including Sofia Vergara, Scarlett Johansson, and Katie Holmes were all approached with an offer to marry Cruise and enter into a marriage contract with benefits for both parties. In November 2006, Katie Holmes married the man who has been considered the world’s most famous actor. In exchange
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Would you consider a “wicked clown” a gang threat or a bad Halloween costume? Fans of rap-metal duo Insane Clown Posse (ICP) have been characterized as drinking Faygo soda and wearing face paint while they listen to the horror-themed rap group. Juggalos, as they are called, have developed their own idioms and slang that they demonstrate at the annual “Gathering of the Juggalos,” an annual festival where they watch ICP perform songs such as “Juggalo Homies,” a famous single that
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In August 2011, seven former professional football players brought a lawsuit against the National Football League, claiming the League had “willfully and intentionally” concealed the long-term health risks linked with multiple concussions. As of October 2012, the number of lawsuits—alleging the same wrongdoing—had increased to 164, comprising approximately 3,700 former players. The players’ requested relief includes personal damages as well as an injunction creating a
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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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