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Constitutional

Constitutional – Freedom of Religion – Civil Practice – Subject Matter Jurisdiction — Nonprofit Corporation – Tort/Negligence – Intentional Infliction of Emotional Distress (access required)

Johnson v. Antioch United Holy Church, Inc. Even though defendants are a church and three of its members, the trial court need not delve into eccliastical law to decide whether defendants’ actions were authorized by the church’s bylaws. We reverse the trial court’s order granting defendants’ motions to dismiss for lack of subject matter jurisdiction and for Rule 11 sanctions.

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Constitutional – Equal Protection — Smoking Ban – Private Clubs – First Impression — Administrative — Civil Penalties (access required)

Liebes v. Guilford County Dept. of Public Health The statutory scheme exempting nonprofit private clubs but including for-profit private clubs within the ambit of the smoking ban does not violate the plaintiff’s equal protection rights since there exists a rational basis for the legislature’s differential treatment of for-profit and nonprofit private clubs. We affirm the trial court’s order.

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Constitutional – Due Process – First Impression – Civil Commitment – Sexually Dangerous Individuals – Brady (access required)

U.S. v. Edwards. (Lawyers Weekly No. 11-02-0391, 22 pp.) (Terrence W. Boyle, J.) E.D.N.C. Holding: Even though the government has a strong interest in protecting its citizens from sexually dangerous individuals, if they are to be civilly committed, those individuals ...

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Constitutional-First Impression – Ballot Access – Fundamental Rights – No Severe Burden – Lower Scrutiny (access required)

Libertarian Party of North Carolina v. State. In order for a small political party to gain access to statewide ballots, G.S. § 163-96(a)(2) requires such parties to obtain the signatures equal to two percent of the number of voters in the preceding gubernatorial election. This requirement does not violate our state constitution's ...

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Constitutional – Ex Post Facto Challenge – Criminal Practice – Sex Offenders – Satellite-Based Monitoring – Civil Regulatory Program – First Impression (access required)

State v. Bowditch. Even though the satellite-based monitoring program has some of the characteristics of punishment, it is not as punitive as other programs found to be non-punitive by the U.S. Supreme Court, and it is rationally related to the state's desire to protect the public. We reverse the trial court's declaration that the satellite-based monitoring (SBM) program violates the ex post facto clause.

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