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In June, the Supreme Court decided a First Amendment case without touching the First Amendment. In fact, they decided the case largely on issues that were merely grazed over during oral argument and in the submitted briefs (where have we heard that before?) – due process and fair notice. Justice Anthony Kennedy, writing for the seven-justice majority, stated, “[a] fundamental principle in our legal system is that laws which regulate persons or entities must give fair notice of conduct
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Legal concerns are present at nearly every stage of the Olympic games, beginning with initial bids entered by respective cities to host upcoming games and lasting well after the closing ceremony. As for the 2012 Olympics, legal considerations began as early as 2004, when various United Kingdom law firms were hired by the the London 2012 Bid Team to advise and offer services to win 2012 summer games bid, and legal considerations will continue to play an important role after the games begin on
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On July 3, 2012, the North Carolina legislature adjourned sine die – with no appointed date for resumption – bringing the two-year legislative session to an end. State lawmakers passed significant legislation affecting everything from municipal annexations to allowing table games at Harrah’s Casino, operated by the Eastern Band of Cherokee Indians. However, it was the events of the night before, Monday, July 2, 2012, that captured the attention of internet junkies everywhere and
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A bill to create a public-private partnership between the North Carolina Department of Natural Resources (DENR) and the North Carolina Zoological Society did not garner enough support to pass the legislature during the short session, but we have not heard the last on this issue. Dr. David Jones, Director of the NC Zoo in Asheboro since 1994, told the Asheboro Courier Tribune that the setback was disappointing, but at least the efforts in the short session brought the serious financial needs of
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You hear about the stories, see them on television, read about them on the Internet – tales of horrendous animal abuse and neglect. Whether the story is of a dog being dragged behind someone’s car and fighting for his life or the cat who is lit on fire or stabbed during a domestic altercation and survives, there are regularly tremendous stories of harmed animals flooding our senses. And it is more than companion animals. There are the atrocities which surface through undercover video
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“Hey! Look up in the sky! It’s a bird! It’s a plane! It’s Superman!” No, it is not Superman, and it is not fighting for “truth, justice, and the American way.” It is a domestic unmanned aerial surveillance aircraft, commonly referred to as a “drone.” Earlier this year, the U.S. Congress paved the way for the domestic use of unmanned drones by federal, state, and local law enforcement agencies as well as by civilians. The
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In 2004, the California legislature passed a bill, SB 1520, making California the first state to ban the force-feeding of birds. Force-feeding is a process wherein a bird, usually a duck or goose, is forced to consume more food for the purpose of enlarging its liver. This enlarged liver becomes foie gras, a rather expensive delicacy. The bill not only bans the act of force feeding for the purpose of enlarging the liver, the bill also bans the selling of foie gras produced by
Cake Liver: The California ban on foie gras">[...]
Every college student who worked his or her way through freshman composition has done it. The research paper is a rite of passage on American university campuses. It is a project that teaches students the nature of academic thought and writing: utilizing credible sources to support an argument or point of view. There is an emphasis not only on citing sources, but also on evaluating the sources the student uses to support her argument. But what actually counts as “research”? And
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One does not simply look at a ten day forecast and expect the 10th day to be exactly as predicted, because forecasts are subject to change. It is with this basic notion in mind that many North Carolinians have questioned the purpose of House Bill 819, short titled Coastal Management Policies. The bill has also been ridiculed nationwide, including a segment on the satiric Colbert Report. Scientific American, in a blog post entitled “N.C. Considers Making Sea Rise Illegal,”
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The law deems minors too young to vote, drink, or drive; however, a minor may be sentenced to life without parole for committing certain crimes. The issue of whether juveniles can be sentenced to life without parole is currently pending before the Supreme Court and there are strong proponents on both sides of this controversial issue. In 2005, the Court held in Roper v. Simmons that juveniles cannot face the death penalty, and in 2010 the Court further held that juveniles can no longer
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When it comes to sports, there is the good, the bad, and the ugly. I would classify the good as somewhere around the Boston Celtics and the bad would definitely have to include the New Orleans Saints. Please allow me to preface this article with full disclosure: I absolutely abhor the Saints. I make it a point to cheer for any team that is playing them. Then, to add fuel to my hatred, “bountygate” occurs. Over the course of the past few seasons, several players and coaches,
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In today’s market, a sizable portion of the population neither has access to nor cannot afford full legal representation. Limited scope representation, or unbundled legal services, can be an attractive option to both an attorney and a client. Unbundled legal services are more limited in scope, and are presented to the client as a “menu” from which the client can choose. In other words, the client decides how much he or she will do themselves and how much the attorney will be
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iPhones, Androids, Blackberries, and digital cameras – what do they have in common? They all have the potential to turn a routine traffic stop into the next big news story. But do ordinary citizens have the right to record police officers during routine stops and other citizen-officer interactions? According to the U.S. Department of Justice, and several Circuit Courts – Yes! Jonathon Smith, the Chief of the Special Litigation Section of the Justice Department’s Civil Rights
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Meet Emily Herx – an English teacher at a parochial school. Emily is a happily married, ambitious young woman who wants nothing more than to start a family. Emily suffers from a diagnosed medical condition that causes infertility. Last June she began in vitro fertilization (IVF) treatments with high hopes of fulfilling her life-long dream of becoming a mother. Now, as a result of those treatments, Emily is unemployed and has a lawsuit pending in the U.S. District Court in Fort
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If House Bill 1104 becomes law, North Carolina will become the tenth state to grant tax credits for donations to what are called “scholarship funding organizations” – nonprofit organizations that give scholarships or tuition grants to economically disadvantaged children in public schools to allow them to attend the private school of their choice. The concept seems appealing, but the bill has sharply divided the General Assembly along party lines. Its Republican proponents assert that
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