Home / Opinion Digests / Constitutional (page 13)


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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