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4th Circuit: State’s argument does not trigger Simmons instruction
A serial killer on North Carolina’s death row had no constitutional right under Simmons v. South Carolina to inform the sentencing jury that because he was already ineligible for parole, he did not pose a continuing danger to society, the 4th U.S. Circuit Court of Appeals has ruled. Lesley Warren had already been convicted of […]
Appeals court says church contract not valid
The widow of a deceased pastor will not be able to keep on receiving a monthly stipend from her husband’s former church because the church board that made the decision to continue the payments lacked the authority to do so, the South Carolina Court of Appeals has ruled. Edward Jenkins founded the Refuge Temple Church […]
Possible farm water use regulations drying up
A South Carolina House panel voted March 21 against expanding the regulation of agricultural water use in the state. The bill, proposed by Reps. James Smith, D-Richland, and Bill Taylor, R-Aiken, failed to pass the House Committee on Agriculture, Natural Resources and Environmental Affairs. Had it progressed through the legislature and become law, the bill […]
NJ judge asks court to let him continue his stand-up routine
TRENTON, N.J. (AP) — It may have been his toughest crowd yet. In a decidedly humorless proceeding Feb. 26, New Jersey’s Supreme Court heard arguments over whether a municipal judge can keep his other paying gig as an actor and stand-up comic.
Supreme Court skeptical of warrantless DNA collection
WASHINGTON – As they grilled the lawyers arguing before them on the issue of whether police can collect DNA samples from unconvicted arrestees without a warrant, the justices of the U.S. Supreme Court acknowledged just how high the stakes are. “I think this is, perhaps, the most important criminal procedure case that this court has heard in decades,” said Justice Samuel A. Alito Jr. durin[...]
When it comes to copyright ownership, it’s ‘buyer beware’
It’s hard to remember what life was like before software permeated every aspect of business management – from inventory control, marketing, point-of-sale transactions and shipping to human resources, sales analytics and customer relationship management.
Q&A: The professor of propriety
Every day, attorneys have to face a challenge not present in any other profession — to be adversarial to one another without being acrimonious. So when Lawyers Weekly wanted to get some advice about what lawyers should do to handle firm dissolutions, terminations and other common disputes as professionally as possible, we turned to Ed Gaskins.
Hey, You, Get Out Of My Cloud
A woman who hacked into her stepfather-in-law’s email has won a major victory before the South Carolina Supreme Court, but would-be hackers shouldn’t rush to declare open season on email accounts.
Culture-war issues on court’s agenda
There may not be a bombshell issue like the federal health care law on the U.S. Supreme Court’s table, but that doesn’t mean court watchers have nothing to talk about out of the session that began this month.
Court says condo owners don’t have to pay hefty assessment
A narrowly divided North Carolina Supreme Court has ruled in favor of the co-owners of a beachfront condo unit who refused to pay a $54,000 assessment for renovations.
County may be ordered to refund millions in impact fees
To refund or not to refund? That is the beginning of a complex set of questions in Cabarrus County, questions that appear destined to be answered in court.
CONTROL SWITCH: Three cases before the Supreme Court will decide who schedules trials
The fight to pry control of the criminal docket from the hands of South Carolina’s solicitors has dragged on for years without a single appellate decision addressing the old law behind the controversy. But now, the state Supreme Court is considering three cases challenging the constitutionality of the statute that gives solicitors the power to schedule criminal cases for trial – a power whi[...]
Business Law
- Economy forces attorneys to get down to business
- Business Court judges trawl for customers
- Va. company's Web site did not subject business to personal jurisdiction in S.C., appeals panel rules
- Former running back from S.C. wins courtroom victory in contract dispute
- Contract – Government Contract – Qui Tam – False Claims Act
- Licenses & Permits – Beer & Wine Permit – Restrictive Covenant – Suitable Location
- Consumer Protection – FCRA – Auto Loan – Bank Accounting Errors
- Licenses & Permits – Veterinarian – Vaccine Maintenance
- Tort – Business Tort – Va. Computer Crimes Act – Trade Secrets
- Textile firm, railroad settle Graniteville train wreck lawsuit
- State regulators look at car dealer accused of lying to customers
- Subprime mortgage meltdown hits securities law
Commentary
- Virginia Tech student got due process in hearing
- High court justices cross the line of propriety
- High court’s term was rough on big business
- The flip side of generative AI in law and how to address it
- The fight for equal educational opportunity continues
- Letter From The Editor – Working from Home
- NLRB joins FTC in taking aim at non-competes
- Supreme Court leaves key internet protection untouched
- US Supreme Court bites back at parody’s use of the First Amendment
- My goal: Provide the information that you need now
- Case study: North Carolina courts provide guidance on scope, limitations of attorney-client privilege
- A Different Ode to Pro Bono Work
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