11Oct

Give a man a fish and you feed him for a day. Teach a man to fish and he sues you for failing to protect his constitutional rights: North Carolina Court of Appeals holds the State has a duty to protect your right to fish

Categories: Current Issues Blog

Trent Turk In 2018, the North Carolina General Assembly passed a slate of amendments to the State Constitution.[1] Among these amendments was the creation of a State Constitutional right to hunt, fish, and harvest wildlife.[2] The amendment was ratified in 2018 by 57% of North Carolina voters.[3] Now codified as N.C. CONST. Art. I. § […]

8Oct

Librarians: The New Scourge of the Seven Seas?

Categories: Current Issues Blog

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By Summer Allen An unlikely character may soon join the ranks of Blackbeard, Captain Hook, and the Dread Pirate Roberts. In a current lawsuit, librarians are being accused of “digital piracy,” but their treasure chests are filled with books instead of Spanish Doubloons.[1] A group of publishers, including Hachette and Penguin Random House, brought this […]

Tags: Copyright digital piracy Intellectual Property publishing

5Oct

How Twitter’s Whistleblower Helps Musk

Categories: Current Issues Blog

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Isaac Hopkin Elon Musk (“Musk”) has a taste for the dramatic.[1] His most recent example was a hostile takeover bid to purchase the social media app Twitter, only to torpedo the deal three months later,[2] just to opt back into the deal.[3] When Musk backed out, Twitter sued for specific performance of the agreement.[4] Nearly […]

Tags: Acquisition Litigation Specific Performance Whistleblower

27Sep

Fashion Dos and Don’ts: Unicolors v. H&M, Mistakes of Law, and the Copyright Act’s Safe-Harbor Provision

Categories: Current Issues Blog

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Banks Griffin Should corporations be held to the same standard of legal knowledge as independent creators during copyright registration? As of now, the Supreme Court says yes. United States copyright law is the means by which artists and creators receive property rights for their work.[1] Accordingly, all creators should have equitable access to the copyright […]

Tags: Copyright Mistakes of Law Safe-Harbor Provision Supreme Court

20Sep

All Dressed Up With No One to Sue: Naked Nirvana Baby’s Case Dismissed With Prejudice

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Haley Hurst All Dressed Up With No One to Sue: Naked Nirvana Baby’s Case Dismissed With Prejudice On September 24, 1991, grunge rock band Nirvana “gave voice” to Generation X with its debut album, Nevermind.[1] Nevermind was the “first full expression of punk concerns to achieve mass-market success in the United States.”[2] However, the album’s […]

Tags: Civil Litigation statute of limitations

1May

Choosing to Go Out with a Bang: Examining Executions by Firing Squad

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By Grace Koppenheffer As morbid as it is, most of us have probably thought about the way we would want to die, and the ways we definitely would not. We instinctively recoil against those deaths that seem the most painful, the most inhumane. Richard Bernard Moore, a death row inmate in South Carolina, was the […]

Tags: capital punishment Constitutional Law Death Penalty death sentence Eight Amendment

28Apr

Miranda Warnings: A Constitutional Right or Supreme Court “Prophylactic”?

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By Cameron Bray On April 20, 2022, attorneys and Justices of the United States Supreme Court sparred over whether Miranda warnings[1] are a constitutional right or a “judicially crafted prophylactic rule,”[2] as lawyer Roman Martinez argued in open court. In the case of Vega v. Tekoh, the Court granted certiorari[3] of “whether a plaintiff may […]

Tags: Civil Litigation Constitutional Law Criminal Law Due Process Police

26Apr

If at First Congress Can’t Succeed, Try to Push the Agenda Through Independent Regulatory Agencies

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Taylor Jones Overhauling United States environmental and labor policies has been a priority of the Biden Administration since the 2020 presidential election.[1] In fact, the Biden-Harris campaign’s website still displays Biden’s promise to “sign a series of new executive orders with unprecedented reach that go well beyond the Obama-Biden Administration platform”[2] concerning environmental issues. Likewise, […]

Tags: Administrative Law Agencies Executive Order Reform Regulation Regulatory Agencies

21Apr

Congressional Insider Trading: How the COVID-19 Pandemic Shed New Light on a Decades-Old Form of Corruption

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By Jacob Winton In 2004, the Wall Street Journal published an article titled U.S. Senators’ Stock Picks Outperform the Pros, reporting on an academic study that detailed the uncanny success of stock portfolios owned by United States Senators.[1] “Politicians may have done a poor job improving the government’s bottom line,” the opening line quipped, “but […]

Tags: Congress COVID-19 finance Insider Trading

19Apr

Racial Discrimination in Tenant Screening Services

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Maggie Martin In 2019, Carmen Arroyo (“Arroyo”) and the Connecticut Fair Housing Center filed suit against CoreLogic Rental Property Solutions, LLC (“CoreLogic”) on the basis that CoreLogic violated the Fair Housing Act (“FHA”).[1] Arroyo sued on behalf of her son Mikhail, who was previously “injured in an accident . . . which left him unable […]

Tags: algorithm Fair Housing Act Housing Discrimination Housing Law Tenants

14Apr

LLC: Least Likely to Care?

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By Kyle Brantley The time-tested principle of having “skin in the game” rings true in many aspects of life. When individuals have something on the line to lose, they are more likely to be invested in the ultimate success of the venture at hand. For example, a company may want to utilize an Employee Stock […]

Tags: Business Law Business Organizations

12Apr

The Nondelegation and Major Questions Doctrines: OSHA’s Stayed Mandate and a Closer Look at the Growing Debate over Chevron Deference

Categories: Current Issues Blog

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By Jonathon Beatty In National Federation of Independent Business v. OSHA,[1] the Supreme Court reversed the Sixth Circuit Court of Appeals and stayed the Occupational Health and Safety Administration’s (“OSHA”) rule imposing a vaccine-or-test mandate on essentially every employer with at least 100 employees.[2] The rule and subsequent stay affected some eighty-four million private-sector workers […]

Tags: Administrative Law Chevron Deference Constitutional Law Major Questions Doctrine Nondelegation Doctrine

Give a man a fish and you feed him for a day. Teach a man to fish and he sues you for failing to protect his constitutional rights: North Carolina Court of Appeals holds the State has a duty to protect your right to fish

Librarians: The New Scourge of the Seven Seas?

How Twitter’s Whistleblower Helps Musk

Fashion Dos and Don’ts: Unicolors v. H&M, Mistakes of Law, and the Copyright Act’s Safe-Harbor Provision

All Dressed Up With No One to Sue: Naked Nirvana Baby’s Case Dismissed With Prejudice

Choosing to Go Out with a Bang: Examining Executions by Firing Squad

Miranda Warnings: A Constitutional Right or Supreme Court “Prophylactic”?

If at First Congress Can’t Succeed, Try to Push the Agenda Through Independent Regulatory Agencies

Congressional Insider Trading: How the COVID-19 Pandemic Shed New Light on a Decades-Old Form of Corruption

Racial Discrimination in Tenant Screening Services

LLC: Least Likely to Care?

The Nondelegation and Major Questions Doctrines: OSHA’s Stayed Mandate and a Closer Look at the Growing Debate over Chevron Deference

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