A parole board is not required to consider age-related mitigating characteristics of a defendant who was sentenced in 1988 when he was 17, to life with the possibility of parole. While the Supreme Court has addressed the sentencing of minors ...Read More »
A school did not violate the Establishment or Free Speech clauses by presenting an 11th-grade history unit that provided information about Islam, and tested a student’s understanding of that knowledge through a test. Background During the 2014-2015 school year, Caleigh ...Read More »
Plaintiffs’ First Amendment rights were not violated when a transit authority revoked their access to certain restricted property even though the revocation was made in retaliation to activities protected under the First Amendment. Background Plaintiff David McClure is the ...Read More »
The positions of the governor’s cabinet were created by the General Assembly, not the North Carolina Constitution; it follows that the constitution does not prohibit Senate confirmation of cabinet members. Moreover, given the governor’s power to nominate, supervise, and terminate ...Read More »
In a civil case alleging the sexual abuse of juvenile plaintiffs, the court can protect the juveniles’ identities without sealing the entire court file. And while a criminal defendant’s right to a fair trial may justify a temporary sealing of ...Read More »
A gag order imposed by the district court overseeing suits against the owners of hog farms breached basic First Amendment principles. Background Hundreds of plaintiffs have alleged that nearby hog farms associated with Murphy-Brown LLC are a private nuisance. Plaintiffs ...Read More »
Where plaintiffs complain that they were ousted from membership in the defendant-church, but where church membership is a core ecclesiastical matter, inquiry by this court into the matter is barred. We affirm the trial court’s grant of defendant’s motion to ...
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