North Carolina Lawyers Weekly

Although jury hearing the court martial of an Air Force captain accused of sexual assault was given an instruction that the Court of Appeals for the Armed Forces later concluded was a breach of his Fifth Amendment due process rights, ...

Where the parties in a dispute over whether a fax was an unsolicited advertisement never briefed what level of deference should be afforded a 2006 FCC rule interpreting what constitutes an “advertisement” under the Telephone Consumer Protection Act, the case ...

Where fire battalion chiefs argued they were covered by a “first responder regulation,” which required they be paid overtime, because their primary duty was management and not front line firefighting, the first responder regulation was inapplicable. A review of their ...

Where the indictment did not instruct that the government was required to prove the defendant knew he belonged to a class of persons barred from possessing a firearm, but it separately proved he knowingly lied about whether he had been ...

Although North Carolina previously acted with racially discriminatory intent in enacting a 2013 omnibus voting law that included voter-ID requirement, it was error to assume that same intent influenced the passage of the state’s 2018 voter-ID law. Background This case ...

Because illegal reentry is a continuing crime, a violation may be prosecuted where the defendant enters or attempts to enter the United States, as well as at any place that he is present until found. Because the defendant was “found” ...

There is no jurisdiction over a suit brought by a U.S. citizen who alleges he was improperly removed to El Salvador. In deciding whom to investigate, detain and remove, homeland security officers must make the kinds of classic judgment calls ...

Where a man voluntarily left a restaurant with a police officer to be patted down outside, the officer did not brandish a weapon, use restraint, accuse him of wrongdoing or make a show of authority, and thus the man failed ...

Where parties challenging construction of a natural gas pipeline are likely to succeed on their argument that authority was lacking to modify a nationwide permit issued by the Army Corps of Engineers in 2017, the construction was stayed. Background Petitioners ...

Where an oil and gas lease provided a method for calculating the amount to be deducted from the royalty for post-production costs, it sufficiently rebutted the presumption that the lessee bears all post-production costs and allowed an allocation of some ...