Posts filtered by tags: North Carolina[x]


At Duke Law on Monday

I’ll be speaking to the Federalist Society chapter at Duke Law School in Durham on Monday at 12:30, on the subject of gerrymandering and redistricting reform, with Prof. Bob Joyce responding. Drop by and introduce yourself if you’re local! Tags: live in person, North Carolina, redistricting reform
Tags: Law, Uncategorized, North Carolina, Durham, Duke Law, Duke Law School, Live In Person, Redistricting Reform, Bob Joyce

Sad start to what should become happier compassionate release tales after passage of FIRST STEP Act

Though the (clumsy) increase in good-time credits has received considerable attention since the passage of the FIRST STEP Act (see prior posts here and here and here and here), I find the change to the administration of so-called compassionate release rules to be among the most fascinating elements of the new legislation.  If legislative enactments can have "sleeper provisions," I would call the compassionate release changes the sleeper provisions of FIRST STEP.  , titled "Compassionate Release...
Tags: Law, Indiana, Tennessee, New York Times, Wisconsin, North Carolina, Doj, Steve, Trump, Marshall Project, Cheatham, Mary Price, Bureau of Prisons, Douglas A Berman, Families Against Mandatory Minimums, US Bureau of Prisons

Proposed North Carolina Gun Control

News from North Carolina: “Gun violence is a public health crisis,” said Rep. Christy Clark, D-Mecklenburg, a former state director for Moms Demand Action for Gun Sense in America. [ … ] Previous gun control measures have gone nowhere in the Republican-controlled General Assembly in recent years. Rep. Pricey Harrison, D-Guilford, said she has filed bills every legislative session since the Sandy Hook Elementary School shooting in Newtown, Conn., in 2012, but none has every gotten a committee hea...
Tags: America, Military, Gun Control, North Carolina, General Assembly, Sandy Hook Elementary School, Harrison, Harris Teeter, Newtown Conn, Moms Demand Action for Gun Sense, Proposed North Carolina Gun Control, Christy Clark D Mecklenburg, Harrison D Guilford

The Bullies Of The Raleigh, North Carolina, SWAT Team

Reason: This week a North Carolina mom told the Raleigh City Council that police “terrorized” her parents and her 6-year-old special-needs son. A Selective Enforcement Unit (SEU) team—Raleigh’s version of SWAT—had a warrant to search Michael and Wanda Clark’s home last November. Michael’s nephew, Brian Clark, was a suspect in a recent armed robbery. Police found a box Brian had left at the scene of the crime with his uncle’s name and address on it, Indy Week reports. So they paid a visit to the ...
Tags: Police, Military, Brian, North Carolina, Wanda, Michael, Raleigh, Clark, Michael Clark, Brian Clark, LaDonna, SWAT, Wanda Clark, Raleigh City Council, SWAT Raids, Bullies Of The Raleigh North Carolina SWAT Team

Symposium: Clarity of the record should bring clarity of purpose

Justin Levitt is a professor at Loyola Law School, Los Angeles; he runs the website “All About Redistricting.” Partisan gerrymandering is back. There are two cases before the Supreme Court this term: a Democratic gerrymander in Maryland and a Republican gerrymander in North Carolina. The cases are different – and though neither is perfect, the basic problem of partisan political entrenchment is unlikely to be presented more cleanly. The evidentiary record in each case is firmly turned up to 11. ...
Tags: Featured, Maryland, Supreme Court, Law, Kentucky, City, North Carolina, Kennedy, Cox, Gill, Riviera Beach, Anthony Kennedy, Thurgood Marshall, Tarheel, Justin Levitt, Larios

LexBlog Network adding blog publications by the day

I’m little slow sharing an email I received from LexBlog’s Associate Editor, Melissa Lin, a couple weeks ago. Gave me goosebumps to feel her excitement and passion and to know we were on our way to showcasing blogs and bloggers, worldwide. I thought it a perfect way to share with you how the LexBlog network is growing.   ———————————————————————————————————— As I announced at our company goals meeting last week, the publishing team will add 1000 member blogs to the LexBlog network by t...
Tags: Law, Pennsylvania, Ohio, North Carolina, Lexblog Community, U S Supreme Court, LexBlog Network, Douglas Berman, Bob Ambrogi, Howard Friedman, Melissa Lin, Jason Dzubow, State University Law School, University of Toledo Law

Symposium: Precedent dictates a win for the plaintiffs in this term’s partisan-gerrymandering cases

Guy-Uriel E. Charles is the Bennett Boskey Visiting Professor of Law at Harvard Law School and Edward and Ellen Schwarzman Professor of Law at Duke Law School. Luis E. Fuentes-Rohwer is Professor of Law and Harry T. Ice Faculty Fellow at Indiana University Bloomington Maurer School of Law. In Lamone v. Benisek, a three-judge federal district court in Maryland concluded that Maryland Democrats intentionally moved 66,000 Republican voters out of Maryland’s Sixth Congressional District in order to ...
Tags: Featured, Maryland, Supreme Court, Law, Congress, Green, Tennessee, North Carolina, Edward, Baker, White, Carr, Harvard Law School, Maryland Democrats, Sims, Reynolds

Symposium: Much ado about partisan gerrymandering

Kaylan L. Phillips serves as litigation counsel for the Public Interest Legal Foundation, a 501(c)(3) public interest law firm dedicated to election integrity. For more than 30 years, the Supreme Court has struggled to articulate a standard for evaluating partisan-gerrymandering claims. The reason is simple: There is no workable standard. Redistricting is a quintessential lawmaking function, one that the Constitution reserves to the states. Court intervention should be reserved for the most egre...
Tags: Featured, Maryland, Supreme Court, Law, Congress, Wisconsin, North Carolina, Shelby County, Gill, Common Cause, League of Women Voters, North Carolina Democratic Party, Whitford, Public Interest Legal Foundation, Rucho, Benisek

Symposium: How to win the partisan gerrymandering cases

Daniel Tokaji is Associate Dean for Faculty and Charles W. Ebersold and Florence Whitcomb Ebersold Professor of Constitutional Law at The Ohio State University Michael E. Moritz College of Law. No one said this would be easy. For decades, critics of partisan gerrymandering have been knocking on the U.S. Supreme Court’s door, seeking a ruling that extreme gerrymanders violate the U.S. Constitution. Even as the problem has worsened, the court has refused to open that door – though it hasn’t locked...
Tags: Featured, Maryland, Supreme Court, Law, Indiana, Pennsylvania, Williams, Wisconsin, Courts, Ohio, North Carolina, Kennedy, Anderson, Rhodes, Sonia Sotomayor, U S Supreme Court

North Carolina doesn't offer protections for same-sex domestic violence victims

The state’s statute regarding domestic violence only applies to those whose abusers are ‘of the opposite sex’When Sherry Honeycutt Everett was a litigator in North Carolina, she watched her clients’ faces change as she told them that the laws would protect them less because of their sexual orientation.She was speaking to domestic violence victims, but because they were in same-sex dating relationships, they were not entitled to the protective orders they felt they needed to stay safe. That’s bec...
Tags: Society, US news, Domestic Violence, LGBT rights, North Carolina, Sherry Honeycutt Everett

Symposium: Why not continue the political struggle in partisan-gerrymandering cases?

Derek Muller is an associate professor of law at the Pepperdine University School of Law. “In a democratic society like ours, relief must come through an aroused popular conscience that sears the conscience of the people’s representatives.” So wrote Justice Felix Frankfurter in his dissenting opinion in Baker v. Carr in 1962. It was, of course, a dissent. A majority of the Supreme Court in short order reorganized state legislatures according to its own understanding of fair representation — that...
Tags: Utah, Featured, Maryland, Supreme Court, Law, Congress, California, Massachusetts, Indiana, Arizona, Davis, Wisconsin, North Carolina, Baker, Carr, Democratic

Justices to tackle partisan gerrymandering … again: In Plain English

Every 10 years, the federal government conducts a census. The states then use the data from the census to draw new maps for their state legislatures and federal congressional districts. The maps often take politics into account – for example, to protect incumbents. But in March, the Supreme Court will hear oral argument on whether state officials can go too far, so that they actually violate the Constitution, when they draw maps that favor one political party at another’s expense. And with the r...
Tags: Featured, Maryland, Supreme Court, Law, Congress, Pennsylvania, United States, Wisconsin, Party, North Carolina, John Delaney, Charlotte, Raleigh, John Roberts, Roberts, Fayetteville

Home Insurance: Billed Even After Non-Renewal

My question involves insurance law for the state of: North Carolina Hi, After one year expiration of insurance contract, I chose non-renewal and simply didn't pay the premium up billing (my experience with other insurance company). I didn't have an escrow account, now they send me to a collection agency for none payment. I read the contract that isn't automatically renewed. But in cancellation clause: "You may cancel this policy at any time by returning it to us or by letting us know in wri...
Tags: Law, North Carolina, Insurance Law

Ownership Rights: Removal of Unauthorized Vehicles from Private Lot - Responsible Party

My question involves personal property located in the State of: North Carolina, Cumberland county Hello, First things first, this may be posted in the wrong section. If it is, please help! :) Background: My apartment complex contracted a company to tow my vehicle because the permit was not properly displayed on the rearview mirror. My vehicle was towed 18 miles despite several other towing companies with storage available within 15 miles. Applicable Law(?): North Carolina General Statutes Chapt...
Tags: Law, North Carolina, Personal Property, Private Lot Responsible Party

Court releases March calendar

The Supreme Court issued the argument calendar for its March sitting today. Over a six-day period from March 18 through March 27, the justices will hear oral argument in nine cases. Three of those cases are likely to be among the biggest cases of the term. On March 26, in Rucho v. Common Cause and Lamone v. Benisek, the justices will return to the topic of partisan gerrymandering – that is, the idea that state officials violate the Constitution when they draw district lines to favor one politica...
Tags: Featured, Mississippi, Maryland, Supreme Court, Law, Kentucky, Virginia, United States, Federal Communications Commission, North Carolina, Flowers, Smith, U S Supreme Court, Howe, Mississippi Supreme Court, Wilkie

Must Lawyers Use AI in 2019? According to One Judge, the Answer is “Yes”

Here is a recent Daily Record column. My past Daily Record articles can be accessed here. ***** Must Lawyers Use AI in 2019? According to One Judge, the Answer is “Yes” Many of the lawyers I encounter are intimidated by technology. Rapid technological advancements have left them bewildered, and thus unwilling to even attempt to catch up. For those lawyers, turning a blind eye to technology and practicing law as if it were still 1995 seems like a viable option. After all, it’s worked so far,...
Tags: Florida, New York, Law, North Carolina, Thomson Reuters, Aba, Casetext, ABA Journal, Mark, Cass, Ontario Superior Court, Rochester New York, Borg, Daily Record--Legal Currents Column, Law & Technology, NBlack

Custody and Visitation Issues: Unreasonable Vacation Time

My question involves a child custody case from the State of: North Carolina Today my ex texted me asking if he could have THREE STRAIGHT weeks in the summer with our son for vacation to take him on a road trip across country. I told him no way and he then threw back that I would deny my son seeing national parks and the western part of the country. Such a guilt tripper This is too much time with his father. We have always done week on/week off in the summer. Even when I took my son to Europe fo...
Tags: Europe, Law, Child Custody, North Carolina, Support And Visitation

NY Times op-ed explores "How to Make New York as Progressive on Criminal Justice as Texas"

The New York Times this week has this notable editorial about criminal discovery that bore the provocative (and fitting) headline that I have quoted in the title of this post.  As practitioners know, these discovery issues can have a profound impact on plea practices and sentencing outcomes.  Here are excerpts: In New York, prosecutors operate within a draconian system that gives them free rein to leave defendants in the dark about aspects of their cases for months or even years.  In cases big ...
Tags: New York, Texas, Supreme Court, Law, Brooklyn, New York Times, New Jersey, North Carolina, Criminal Justice, Ny Times, Douglas A Berman

FMLA Retsliation Discrimination

My question involves labor and employment law for the state of: North Carolina I am trying to get an idea of what I can do. I have contacted an attorney but the consultation fee is too high for me, especially since I don’t know if I even have a case. I am disabled and on intermittent fmla. Since we got a new manager she has made life hard for me. My performance Evaluation states that my work and dependability suffer due to being absent. She also told me that the unit and agency suffer due ...
Tags: Law, North Carolina, Employment and Labor, FMLA

New commentary at The American Conservative makes the case for "Why Conservatives Should Oppose the Death Penalty"

In prior posts here and here and here, I highlighted a series of lengthy articles in The American Conservative that were part of "a collaborative series with the R Street Institute exploring conservative approaches to criminal justice reform."   These folks are at it again with this new lengthy essay titled simply "Why Conservatives Should Oppose the Death Penalty."  The extendded essay, authored by Arthur Rizer and Marc Hyden of R Street Institute, merits a full read, and here are some excerpts...
Tags: Law, United States, North Carolina, Justice Department, Philly, Douglas A Berman, R Street Institute, Marc Hyden, Arthur Rizer, The American Conservative

"Reducing Barriers to Reintegration: Fair chance and expungement reforms in 2018"

The title of this post is the title of from the Collateral Consequences Resource Center to document the laws passed in 2018 aimed at reducing barriers to successful reintegration for individuals with a criminal record. Here is the report's executive summary: * In 2018, 30 states and the District of Columbia produced 56 separate laws aimed at reducing barriers faced by people with criminal records in the workplace, at the ballot box, and elsewhere.  Many of these new laws enacted more than one...
Tags: Florida, New York, Law, Colorado, California, Washington, Pennsylvania, Maine, Kansas, Nebraska, Michigan, Louisiana, North Carolina, District Of Columbia, Arizona California, Douglas A Berman

Relist Watch Returns

John Elwood reviews the first relists of 2019. Happy New Year and welcome back! Most of D.C. started 2019 nice and slow, enjoying offices (and roads) made quiet by vacations, both planned and unexpected. But not the Supremes. They jumped in with both feet, when most of the lawyering class was still finishing off their fruit baskets. On January 4, the court gave plenary review to the Maryland and North Carolina political-gerrymandering cases and set them for expedited briefing so they could be ...
Tags: Florida, Texas, Featured, Maryland, Supreme Court, Law, Congress, California, Planned Parenthood, Kentucky, Virginia, New York City, Freedom, Alabama, Indiana, United States

Argument preview: Justices to consider removal of class actions to federal court

Next Wednesday the justices will hear their second major class-action case of the year. Following on Frank v. Gaos (argued in November), Home Depot USA v. Jackson considers the ability of defendants to remove class actions to federal court. Unlike Frank v. Gaos, which considered a largely untethered question about the propriety of class-action settlements that do not provide direct compensation to class members, Home Depot USA presents two crisp questions of statutory interpretation. A litt...
Tags: Home Depot, Featured, Supreme Court, Law, Congress, Citibank, Jackson, North Carolina, Frank, Goldstein Russell, George Jackson, Merits Cases, GAOS, Home Depot Home Depot, CAFA, November Home Depot USA

Websites for Public Arrest Information

I'm sorry if this isn't' the correct forum but my question didn't seem to fit in any of the other forums. In my internet experience I"ve been able to find online criminal public arrest/court proceedings for most any state I needed. A simple google search and maybe a little navigating on a state or county website was all I needed. I've been looking for info on an arrest in North Carolina and I am not finding anything. I've searched at the state level and the county level for a few dif...
Tags: Law, North Carolina, Banter, Chatham, Public Arrest Information, Durham Orange

Monday round-up

This morning the Supreme Court kicks off the January argument session with oral arguments in two cases. The first is Merck Sharp & Dohme v. Albrecht, which raises questions about whether a state-law failure-to-warn claim is pre-empted by federal law regulating the safety and efficacy of prescription drugs. Elizabeth McCuskey previewed the case for this blog. Garion Liberti and Tayler Woelcke have a preview for Cornell Law School’s Legal Information Institute. The second case today is Obduskey v....
Tags: Texas, Maryland, Supreme Court, Law, Washington Post, Washington, Massachusetts, Bloomberg, Gop, Wyoming, North Carolina, Ruth Bader Ginsburg, Justice Department, Cornell, Trump, Round-up

Isn't it to Trump's credit that only 3 have died in the National Parks during the shutdown?

The anti-Trumpism of The Washington Post is on display in "Three dead in national parks as shutdown wears on":Three days after most of the federal workforce was furloughed on Dec. 21, a 14-year-old girl fell 700 feet to her death at the Horseshoe Bend Overlook, part of the Glen Canyon Recreation Area in Arizona. The following day, Christmas, a man died at Yosemite National Park in California after suffering a head injury in a fall. On Dec. 27, a woman was killed by a falling tree at Great Smoky ...
Tags: Death, Law, California, Journalism, Tennessee, Arizona, North Carolina, Interior Department, The Washington Post, National Park Service, Trump, YOSEMITE NATIONAL PARK, Great Smoky Mountains National Park, Ann Althouse, Trump's Congress, Glen Canyon Recreation Area

Supreme Court to tackle partisan gerrymandering again

Less than six months after sidestepping a ruling on partisan gerrymandering, the justices announced this afternoon that they will once again wade into the thorny issue of when (if ever) state officials violate the Constitution by drawing district lines to favor one political party at another’s expense, this time in cases from North Carolina and Maryland. With the retirement last summer of Justice Anthony Kennedy and his replacement by Justice Brett Kavanaugh, the more conservative court could be...
Tags: Featured, Maryland, Supreme Court, Law, Congress, Pennsylvania, United States, Wisconsin, North Carolina, Antonin Scalia, Howe, William Rehnquist, Stephen Breyer, Gill, Clarence Thomas, Anthony Kennedy

Supreme Court grants cert on vagueness challenges to 924(c) provision in wake of Johnson and Dimaya

As detailed in this new order list, the US Supreme Court today granted certiorari in a number of new cases.  The cases involving Maryland and North Carolina partisan-gerrymandering are sure to get the most attention, but criminal law fans should be excited about the grant in US v. Davis, No. 18-431, in which the feds petitioned for review of this question: Whether the subsection-specific definition of “crime of violence” in 18 U.S.C. 924(c)(3)(B), which applies only in the limited context of a ...
Tags: Maryland, Supreme Court, Law, Court, US, United States, Davis, Johnson, North Carolina, US supreme court, Douglas A Berman, Dimaya

Weapons Offenses: The Not So Well Deferred Adjudication

So, 20 years ago I was in the wrong place at the wrong time and got hit with theft of a firearm and placed on deferred adjudication in Texas. Because I was young and dumb 19-year-old, and didn't know any better, and not to mention my lawyer was crap, I didn't fight it. Now 20 years later, I get out of the military, and finish my degree, wanting to become a police officer. I get slap in the face by remembering that one little incident on my record. I know 100% of shot are missed if I don't try, b...
Tags: Texas, Law, North Carolina, Criminal Charges

Abandoned Mobile Home

My question involves real estate located in the State of: North Carolina. There is a mobile home in my neighborhood that has been abandoned for 4 years. The man that owned it passed away and the woman that lived there was evicted 4 years ago for not paying lot rent. I asked the owners of the park about it and they said that if I can find any info about it than I can fix it up and give it to my stepson to live in since it has been sitting there for so long. I found out the mans name that owned it...
Tags: Law, North Carolina, Real Estate Ownership And Title

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