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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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“Do it yourself” became a common phrase in the English language around the 1950’s, and originally referred to home improvement projects individuals could complete without hiring a professional. Today, a multitude of magazines, websites and even television networks are devoted to “DIY” projects, which include a scope of tasks much greater than home improvement. While there are certainly some benefits to the do-it-yourself idea, an individual should consider whether “DIY” has
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American Staffordshire Terrier. Chow Chow. German Shepherd. Doberman Pinscher. Staffordshire Bull Terrier. Bulldog. Akita. Boxer. Chinese Shar-Pei. Mastiff. Great Dane. Rottweiler. Siberian Husky. Pit Bull. These are only some of the breeds affected by Breed Specific Legislation (BSL) throughout the United States. Defined as a statute or regulation directed toward one or more specific breeds, BSL is an ugly term that strikes fear in the hearts and minds of
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“Can you hear me now? Good!” is perhaps one of the most recognizable quotes from a Verizon Wireless television commercial which advertises the extent and reliability of its cell phone coverage, but cell phone companies are providing more than just reliable service for their customers nationwide. Local law enforcement agencies (LEA) around the country have been using cell phone tracking as a routine tool in criminal investigations without first obtaining search warrants based on
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It is the public policy of this state to provide for workers who can no longer work due to permanent partial or total disability. The question of how this State effectuates that policy has recently come into question and there have been increasing calls for employers who fail to pay their workers’ compensation insurance to go to jail. In North Carolina, workers’ compensation is governed by N.C. Gen. Stat. § 97. The Statute provides that all businesses employing three or more
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The Facebook “like” feature allows users to click a thumbs up icon attached to posts, pictures, links, and pages. By clicking this “like” button, users can “like” pages of companies, political candidates and even candidates in a cutest baby contest. But is a Facebook “like” an expression of liking or supporting something? On April 24, in Bland v. Roberts, Judge Raymond Jackson of the United States District Court for the Eastern District of Virginia ruled “merely
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We have heard it repeatedly: “A criminal defendant is innocent until proven guilty beyond a reasonable doubt.” There is no doubt this is a high standard; indeed, the highest standard our judicial system has to offer, and rightfully so. As Justice William Blackstone judiciously declared, “it is better for ten guilty men to go free than for one innocent man to be condemned to the gallows.” Of course not everyone shares this sentiment, just compare that of former Communist leader
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According to a recent New York Court of Appeals decision, merely viewing child pornographic material online, without creating or downloading it, is not sufficient to constitute procurement or possession of child pornography for the purposes of New York Penal Law. The purposeful viewing of child pornography on the internet is now legal in New York,” Judge Victoria A. Graffeo wrote in one of two concurring decisions for the court earlier this month. James Kent, a Marist College professor of
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The Fourth Amendment, originally adopted in the Bill of Rights in response to abuse of the writ of assistance (a type of general search warrant) during the American Revolution, contains the well-known prohibition against unreasonable searches and seizures. The rights granted by this amendment have been extended into the walls of prisons across the country, particularly to detainees and inmates who retain most of their constitutional rights while incarcerated. The strip search, a process
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One social networking site, Pinterest, allows its users to share photos of Do-It-Yourself crafts and the like. These photos are then “pinned” by other Pinterest account holders to their personal virtual bulletin board for all to see and “re-pin.” In February 2012, Business Insider featured an article about attorney Kirsten Kowalski who deleted her Pinterest account after digging into the site’s Terms of Use. Shortly after Kowalski deleted her account, popular blogs
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In a previous article, the Campbell Law Observer discussed the recent changes to North Carolina’s “castle doctrine,” which created a statutory presumption of a reasonable fear of imminent death or serious bodily harm when a person uses deadly force to defend himself in his home, vehicle, or workplace. These changes were part of a larger act which made several modifications to various laws governing the use of defensive force and the right to own, possess, or carry firearms. For the
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The State of New York recently announced that it is implementing a 50 hour pro bono requirement for admission to the NY State Bar. The news was heralded by some legal scholars as a step in the right direction, while others have derided the new requirement as another obstacle for an already beleaguered profession. The legal profession has a long, venerable tradition of being service-oriented, and many lawyers volunteer their time, talent, and legal services at no charge to support
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