What Shelby County means for North Carolina

Election Day 2016: Voter photo ID. No Sunday voting. Fewer, if any, early voting days. And no same-day registration. Sound like we’re expanding access to the polls? Not in North Carolina, now that legislators have been sprung from the restraints of Voting Rights Act preclearance. Just hours after the U.S. Supreme Court in Shelby County v. Holder gutted the requirement that certain states and local governments get Justice Department approval of proposed voting changes, Republican lawmakers here promised quick passage of a voting bill that would set the state back decades. “Now we can go with the full bill,” Senator Tom Apodaca told WRAL, referring to an omnibus voting bill that would do more than just require voter ID; it would reduce early voting, eliminate Sunday voting and ban same-day registration.

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Resurrecting Gideon: The public defender corps gets radical

Kevin Tully has seen plenty in his 25 years as a public defender, both from clients and from the young attorneys he manages as head of the Mecklenburg County office. But nothing quite matches the time recently when three of his junior public defenders—fresh out of a training session at the Southern Public Defender Training Center—told him that the office wasn’t doing its job.

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Dawn Porter

“Gideon’s Army,” a film by Dawn Porter which portrays the lives of three young public defenders working in the south, opens this year’s Full Frame Documentary Festival in Durham on April 4, 2013, at 7:30 p.m.

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Joining the Fight

After Paul Dacier became EMC Corporation’s first in-house attorney in 1990, he soon realized that the data storage company would need more than patents and lawyers to protect its intellectual property. It would have to become an aggressive litigant. Dacier was promoted to general counsel in 1993, the same year that Storage Technology Corporation sued Hopkinton, Massachusetts–based EMC.

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Ninety-nine problems and voter fraud’s not one of them

Here’s one thing we can all agree on: Election 2012 revealed plenty in need of fixing at the polls in North Carolina. Long lines in places ill-equipped to handle the volume, voter frustration and unbridled electioneering were captured in unflattering media reports about pushing and shouting, interrogations by poll observers, and this: “A guy driving a tractor-trailer bed filled with effigies of Democratic officials, including President Barack Obama, with nooses around their neck.”

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Is the 4th Circuit veering back to the Center?

It’s been nearly a decade since the New York Times profiled the 4th U.S. Circuit Court of Appeals in Richmond—the court of last resort for the vast majority of cases filed in federal courts in North Carolina, South Carolina, Maryland, Virginia and West Virginia —as “the most aggressively conservative federal appeals court in the nation.”

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A haunted case

It’s been more than 40 years since Jeffrey MacDonald was accused of brutally murdering his pregnant wife and two young daughters in their house on Castle Drive in Fort Bragg. Stabbed several times himself, MacDonald told military police on the scene that a group of hippies – including a woman in a white floppy hat chanting “acid is groovy” and “kill the pigs”– were to blame.

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The strong-arm of the law

Just a little under a year ago, Patrick Collins Inc., a California-based film company, sued 44 people for copyright infringement in federal court in Raleigh, accusing each of illegally downloading its movie, “Cuties 2.” The defendants, whose identities were unknown, all were listed as “John Doe.” Five months later, without serving a single summons, the company dismissed the case against 42 of the defendants, some of whom presumably agreed to pay a settlement. At this point, only one defendant remains: a grandmother in her 60s who hasn’t a clue about downloading files on her computer.

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Interlock Gridlock: Did the NC DMV jump the gun on new breath alcohol devices?

In late January, Texas-based Smart Start Inc. proudly announced its entrée into North Carolina as the first provider of breath alcohol interlock ignition devices to be certified under new Division of Motor Vehicle standards and procedures. The devices, known by the acronym BAIID, disable a car’s ignition if the driver blows a breath alcohol concentration above a set limit.

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John R. Knight

One day last spring, as the wave of protest movements swept across the Middle East into Bahrain and troops arrived to restore order, the phone rang in John Knight’s office. The streets were unsettled, the markets were volatile, and Knight, who is chief operating officer for Mumtalakat Holding Company, the investment arm for the Kingdom of Bahrain, was engaged in his first encounter with martial law. Any number of emergencies could have been waiting on the other line.

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Is this any way to build a road?

When Paula Smith and her husband put their house in Winston-Salem up for sale nine years ago, they had plenty of lookers, but no buyers. They couldn’t figure out why, until they learned that the state planned to route the eastern loop of the Northern Beltway close to their neighbor’s house.

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Ann Majestic

Ann Majestic arrived at the National Press Club in Washington with little time to spare. “How was lunch?” the Wake County School Board attorney asked the audience. “We weren’t allowed to leave North Carolina until we could bring the weather, so we arrived just in time with lots of weather.” She was there on a snowy Thursday to speak about public school choice and integration – along with New York Times reporter Steven Holmes, American Federation of Teachers president Sandra Feldman and Century Foundation Senior Fellow Richard Kahlenberg, whose new book, All Together Now: Creating Middle Class Schools through Public School Choice, grounded the forum.

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A game-changing challenge

In late December, Circuit Court JudgeRoger Couch finalized a $327 million verdict against pharmaceutical giantJohnson & Johnson for the way it marketed its antipsychotic drug, Risperdal.  On or about the same day, he also gave another drug maker, AstraZenecaPharmaceutical, the green light to move forward with a challenge to SouthCarolina’s action against the company for the marketing of its own antipsychotic drug, Seroquel, on the grounds that the state attorney general’s office had compromised its independence in pursuing the case. 

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Chris Dusseault

Chris Dusseault’s Blackberry lit up just as soon as he and his wife had settled in at their table in a Nantucket restaurant on an August 2010 evening. He knew the simple message — “Perry, 09-2292, release set for tomorrow” — signaled an interruption to their long-delayed holiday.

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Annexation debate focuses on 'cities first' philosophy

Lawyers for Wilmington and four other North Carolina cities challenging the constitutionality of new provisions of the state’s annexation laws are due back in Wake County Superior Court on Thursday, when they will ask Special Superior Court Judge William Pittman to block enforcement of the new laws pending a hearing and ruling on their claims. While the challenge is based on a specific legal question – whether only property owners should have a say in a proposed annexation – there’s a larger play here.

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Bob Orr

After spending the past several years as the founding executive director of the NC Institute for Constitutional Law, former Supreme Court Justice Robert Orr is returning to private practice, joining Raleigh’s Poyner Spurill.

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Is Profit Dead?

For-profit companies rushed into the public school market at the same time the first charter schools took hold. Some 17 years later, can we safely say that this profit experiment has run its course? Or has it simply moved out of brick and mortar buildings and into cyber space?

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