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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, [...]

Citizen Drone Use Sparks Privacy Concerns On State And Federal Levels

April 3, 2020

Drone use by citizens has become an ever-increasing trend since they burst onto the scene in the early 2010s and sales have rapidly increased.  Drones are used by consumers and companies in a variety of contexts: promotional videos, weddings, news footage, and even the 2018 Winter Olympics.  In 2013 Amazon first introduced its idea to use drones for delivering packages, estimating such use to begin by 2015.  So why weren’t Amazon packages being delivered by drones in 2015?  One reason was [...]

The Right To Be Forgotten: New California Law Aims To Protect Consumers From Online Data Collection

March 27, 2020

Using the Internet is a daily habit for millions of individuals in our high-tech society.  Countless activities can be done online, such as sharing photos on social media sites, shopping, and reading news from around the world.  Many use the Internet for work, or to conduct mundane activities to pass the time.  The Internet has become such a major facet in our society that according to Pew Research Center approximately ninety percent of adults in the United States used the Internet in [...]

Will Forbidding Questions About Salary History Help Close the Wage Gap?

March 20, 2020

Should employers ask you about your salary history when interviewing you for a job? The growing trend says no, and many argue this question is unnecessary to find the perfect candidates for job openings. City and state governments are contemplating this question in an effort to close the wage gap between male and female employees. Since 2017, there have been seventeen state-wide laws and twenty local ordinances across the country addressing this issue. Some of these prohibitions prevent only [...]

Second Amendment Super Bowl: An Overview of the Second Amendment Sanctuary Movement

March 16, 2020

“This is like the Super Bowl for the Second Amendment right here,” an AR-15 wielding activist told Associated Press reporters right outside the Virginia state Capitol building.  This gun-rights activist was just one of the estimated 22,000 protestors in attendance outside the Virginia Capitol this past Martin Luther King Jr. day.  Days later, gun-rights activists in Kentucky took it one step further and demonstrated their support for gun-rights by physically wielding firearms inside the [...]

Artificial Intelligence is Exploding but Governance of the Technology Lags Miserably Behind 

February 28, 2020

In both the government and private sectors, technology using artificial intelligence (AI) is everywhere.  It has been incorporated across a variety of industries and has become an essential part of daily life for many.  AI has an immensely powerful influence over people today; it influences many spending decisions people make, including travel, entertainment, personal purchases such as clothing, and food.  While AI continues to advance rapidly in complexity, the same cannot be said for the [...]

Supreme Court to Decide Whether Sexual Orientation is a Protected Class in the Workplace

February 16, 2020

The United States Supreme Court heard some of the most anticipated legal issues of the October court term.  Among these cases, the Court will decide whether Title VII in the Civil Rights Act of 1964 (Title VII), one of the fundamental federal employment discrimination statutes, covers sexual orientation discrimination in the workplace.  Currently, Title VII explicitly prohibits discrimination in employment based on race, color, religion, sex, and national origin.  The statute has never been [...]

North Carolina: The Last Frontier for Equality in Domestic Violence Protections for Same-Sex Couples

February 8, 2020

North Carolina is the only state that does not recognize equivalent domestic violence protection for same-sex couples as it does for opposite-sex couples.  See Am. Bar Ass’n, Domestic Violence Civil Protection Orders (CPOs), (2014).  Chapter 50B domestic violence protection orders are restricted to only opposite-sex dating relationships in North Carolina.  N.C. Gen. Stat. § 50B-1(b).  The resulting discrimination against the unprotected and vulnerable parties in same-sex dating [...]

What Monopoly Can Teach Us About Cash Bail Reform: Recent Efforts, Pros and Cons, and the Community Response

January 31, 2020

“Go to Jail. Go directly to jail. Do not pass go. Do not collect $200.” Jail is one of the most-landed on spaces in a typical game of Monopoly.  However, for many Americans, Monopoly jail is the closest they will ever come to being behind bars.  The latest Department of Justice statistics available on the jail population in America places the jail incarceration rate as of 2017 at 0.229 percent of the U.S. population (based on the number of confined inmates in local jails per [...]

Student Servitude: The Pedagogy and Peonage

January 24, 2020

“A man in debt is so far a slave.”[1] These are the words Ralph Waldo Emerson uses in his 1860 essay, Wealth, to succinctly lay bare the concept of debt. Though Mr. Emerson likely did not foresee the looming—and now present—crisis of student loan debt in the United States, his words encapsulate the existence of more than 44 million Americans today. These citizens, saddled by student loan debt, are trapped in an indentured state of existence. Consider that figure in this context: it is [...]

Desegregation in K-12 Schools in North Carolina Today

January 18, 2020

The New Hanover County Board of Education has proposed a plan to redistrict elementary, middle, and high school districts for the 2020-21 school year. The plan utilizes a variety of factors, one of which is the racial make-up of neighborhoods in New Hanover County. This would be a new method of desegregation in modern society, one of which has never been tested under the United States Constitution and the jurisprudence of the United States Supreme Court. The proposed plan will likely be [...]

Teacher Participation Concerning Religion in North Carolina Public Schools

January 18, 2020

As a state in the “Bible Belt,” it is not uncommon to hear of a North Carolina public school being involved with religion to some degree, whether it be a teacher helping young students pray in class, a teacher participating in a See You at the Pole™ event, or school board members seeking to incorporate prayer at board meetings.  Public schools are extensions of the state government and actions by school teachers and personnel may be considered government acts.  While the United States [...]
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