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According to the Court of Appeals for the Second Circuit, competitive cheerleading cannot be considered a varsity sport for purposes of complying with Title IX of the Education Amendments of 1972 (Title IX). Title IX was enacted to afford men and women equal opportunities in education and sports. The ruling comes from an appeal by Quinnipiac University in Hamden, Connecticut (Quinnipiac), who argued that competitive cheerleading should be counted as a varsity sport for Title IX purposes. In
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Note from the Editors: Recently, the Campbell Law Observer hosted a write-on competition to recruit new staff writers. Each student was to discuss the impact of for-profit law schools on the legal academy and the legal profession. Below, you will find the article that received the highest score from the editorial board. Next week, we will publish another student’s write-on prompt in an attempt to display two perspectives. An important choice must be made by those pursuing a career in
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Anyone who follows the news, and likely some who do not, is aware that on September 6, 2012, Drew Peterson was found guilty of the first-degree murder of his third wife, Kathleen Savio. Furthermore, you are likely aware of the immense controversy surrounding the trial. If you take a moment to Google the name “Drew Peterson,” you will quickly realize that nearly every news account focuses on the “unprecedented amount of inadmissible hearsay allowed into evidence to support his
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The Supreme Court of the United States has wrestled with the reach of the Equal Protection clause since the adoption of the Fourteenth Amendment in 1868. Courts across the country have considered the application of the clause to instances of age, sex, and race discrimination, and circumstances triggering the clause have ranged from voting rights to segregation on railroad cars. In just over a month, the Supreme Court will analyze the clause yet again, this time applying it to affirmative
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Judge James L. Gale, Special Superior Court Judge for Complex Business Cases in Greensboro, North Carolina, denied in part and deferred in part the North Carolina State Bar’s Motion to Dismiss a case brought by LegalZoom in response to the Bar’s ongoing efforts to prevent LegalZoom’s operations without a license to practice law in North Carolina. In order to understand the significance of this ruling, a brief discussion of the case’s background is appropriate. LegalZoom is a
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On June 11, the Campbell Law Observer published my article, “The Problem with Breedism.” As the owner of a bully breed mix, I had a clear bias in writing that article and I offer no apologies for my stance. Now, a few months later, I offer an update on the issue of breed specific legislation (“BSL”) in the United States. It pleases me greatly to be able to say that the American Bar Association (“ABA”) resolved the following at their August 2012 meeting: RESOLVED, That the
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The more things change, the more they stay the same. People go to work, they go to school, and they go home. Every day. The Industrial Revolution gave us factories, Henry Ford gave us the assembly line, and Steve Jobs and Bill Gates are household names. But despite the radical changes Western Civilization has seen, there are some things that technology cannot change. As technology advances, people often laud the positive. It’s cool! It’s sleek! It makes our lives easier,
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“It’s a dangerous business, Frodo, going out of your door. You step into the Road, and if you don’t keep your feet, there is no knowing where you might be swept off to.” Gandalf the Wizard speaking to Frodo Baggins –J.R.R. Tolkien’s “The Fellowship of the Ring” In Blythe v. Bell, 2012 NCBC 42 (N.C. Super. Ct. July 26, 2012), the North Carolina Business Court was faced with the issue of waiver of the attorney-client privilege in the context of large, electronic
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On June 28, 2012, the United States Supreme Court sent a shock wave through the nation with its opinion in National Federation of Independent Business v. Sebelius, upholding critical parts of President Obama’s major health care reform, the Patient Protection and Affordable Care Act (“Obamacare”). Since Obamacare’s passage in Congress, the nation has been sharply divided on the issues of who should determine who has health insurance and who should pay for it. Democrats have
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Updated January 11, 2014: Facebook has updated its Platform Roadmap and will be ending the controversially-implemented Sponsored Stories, noting in its Roadmap that “sponsored stories will cease to have delivery after April 9th.” Updated August 29, 2013: Judge Richard Seeborg approved a final settlement of the Fraley case discussed below. Facebook users joining the class action were awarded $15 (pdf) per claimant. The Facebook “like” feature allows users to show that they
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Have you ever heard of Marcus Reymond Robinson? He is the man who was convicted of kidnapping 17-year-old high-school student Erik Tornblom and shooting him in the face with a sawed-off shotgun during a robbery that netted a grand total of $27. In 1994, Robinson was sentenced to death in Cumberland County Superior Court for his heinous crimes – crimes with an arguably racially-tinged motive. The facts set forth in the order of the North Carolina Superior Court state: Other evidence
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Recently, the U.S. Supreme Court struck down down several portions of Arizona’s immigration bill, holding that three of the four challenged sections were preempted by federal law. Federal preemption severely limits what state and local governments can do in terms of creating laws intended to identify illegal aliens or punish those who knowingly or recklessly employ, transport or shelter them. Even state laws that directly copy federal law are held preempted, because Congress has “occupied
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At the end of last month, The Supreme Court ruled on SB 1070, Arizona’s controversial immigration law. Parts of the law were upheld, but the Court held that others were preempted by federal immigration law and were struck down. Some have considered the Arizona law to be the broadest and strictest measure in American history to prevent illegal immigration. Basic Provisions of SB 1070 At the federal level, current law requires all aliens over the age of 14 to register with the U.S.
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The Second Amendment to the U.S. Constitution provides: “A well regulated militia, being necessary to the security of a free state, the right of the people to keep and bear arms, shall not be infringed.” In District of Columbia v. Heller (2008), the U.S. Supreme Court, in striking down a ban on possession of handguns in the District of Columbia, held that “the Second Amendment conferred an individual right to keep and bear arms. Of course, the right was not unlimited,
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Only if we understand can we care. Only if we care will we help. Only if we help shall they be saved. – Jane Goodall On October 18, 2011, a mentally unstable man released 56 exotic animals from his private collection into his rural community before he committed suicide. Panic ensued as residents of Zanesville, Ohio watched their town become a scene from Jumanji. Lions, tigers, leopards, wolves, primates, and bears took to the streets, and open season was announced as
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