Category Archives: Miscellaneous

Summer School Supplementary Study Aids — Session 1

Working by the Sunflowers

Session I of summer school classes begin this week. To help you get a jump start to the semester or to a better grasp throughout the semester check out these books and supplements available in the Law Library.

Trial Practice:

Juvenile Law:

Bankruptcy:

Federal Criminal Law:

Remedies:

Business Associations:

Commercial Law:

Con. Law:

Evidence:

Indian Law:

~Minerva Mims~

Leave a Comment

Filed under Miscellaneous

Big Brother is Watching

drones

Public Law 112-95 was signed by President Obama on February 14, 2012; this law will regulate domestic drones also known as unmanned aircraft systems. The law is known as the FAA Modernization and Reform Act of 2012, which will regulate the use of domestic surveillance drones within US airspace.

The Federal Aviation Administration will be setting-up six test sites for drones. Thus far 30 states have indicated interest in becoming one of the six test sites to test drones. The FAA hopes that drones will begin flying routinely in America by late 2015. Officials have predicted that by the year 2020 there could be as many as 10,000 non-military drones flying in US airspace and 30,000 drones flying domestically by 2030.

The FAA has already received 81 applications for drone licenses from police departments and educational institutions. Future use of domestic drones in the United States has many people concerned about privacy issues.  Organizations like the ACLU (American Civil Liberties Union) have worried that the Fourth Amendment of the US Constitution may be violated if citizens are no longer safe from unlawful searches.

The IV Amendment states that all Americans should be safe in their homes-The Constitution guarantees that citizens shall be safe in their homes from unreasonable search and seizures and that warrants won’t be issued without probable cause:

The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.

Congressmen Ted Poe (R-Texas) and Zoe Lofgren (D-San Jose) introduced privacy legislation in February of 2013 that would require police to get a warrant or court order before operating a drone to collect information on individuals.  Legislatures in 15 states are considering laws to limit drone use.

The cities of Seattle, Washington and Charlottesville, Virginia have all raised fears that domestic drones could be misused by law enforcement agencies. The mayor of Seattle recently ordered the police department to return its two unused Draganflyer X6 helicopter drones to the manufacturer after privacy  protesters voiced privacy concerns .In Charlottesville, Virginia, the City Council recently passed a resolution barring local police from using drones to collect evidence in criminal cases for the next two years within the city limits.

The American Civil Liberties Union (ACLU) believes that “routine aerial surveillance would profoundly change the character of public life in America. Rules must be put in place to ensure that we can enjoy the benefits of this technology without bringing us closer to a ‘surveillance society’ in which our every move is monitored, tracked, recorded, and scrutinized by the government”.

 This chart  was created by the ACLU and shows the current status of state legislation in 30 states.  Allie Bohm, an advocacy and policy strategist who is employed by the ACLU, said it would be a race to see which of the 30 states listed would be the first to pass legislation governing drone use in the United States.

Most states have included provisions in their proposed legislation that require a probable cause warrant in order for law enforcement to use drones to collect information. Listed below is a sample of what some states are including in their drone legislation:  

STATES WHERE A PROBABLE CAUSE WARRANT MUST BE ISSUED BEFORE LAW ENFORCEMENT CAN EMPLOY THE USE OF A DRONE:

  • Some ban weaponization of drones (Georgia, Illinois, Massachusetts, Montana, New Hampshire, Oklahoma and North Dakota).
  • Some explicitly provide special protections from aerial surveillance for farmers or ranchers (rural states like Idaho and Missouri).
  • Some require reporting on law enforcement agencies’ drone usage so the legislature can figure out how drones work in practice (Hawaii, Illinois, Maine, Massachusetts, Rhode Island, and Washington).
  • A subset of the bills also require law enforcement to justify to their city councils or other local governing body their need for a drone before acquiring one (California, Hawaii, Maine, Oregon, Rhode Island, South Carolina and Washington).
  • Georgia’s bill allows drone use only to investigate felonies — not misdemeanors.

Here in Charlotte, the Mecklenburg Police Department has two helicopters, but does not have any drones. Currently, Patrick Cannon, the chairman of the Charlotte City Council’s community safety committee, told the Charlotte Observer that he thinks a drone could be useful. Cannon thought that the police could launch one during searches for criminals or runaways, instead of flying a police helicopter. Cannon belies that using a small device such as a drone would be less expensive than using one of the city helicopters. At this point in time Charlotte has not made plans to purchase any drones, and would not do so without public input.In March 2013, Monroe’s City Council gave the police department permission to buy a $44,000 mini drone for community safety. According to Monroe Police Chief Debra Duncan, the 3-foot-long, 2.5 pound device could be used for drug raids in a large area or to track a fleeing crime suspect. The city believes it will be several months before the drone will be put into use.

Source: Wootson, Cleve R. and Adam Bell.  ”Monroe City Council OKs $44,000 drone for police department.”  Charlotte Observer 8 Mar 2013.

~Jane Fraytet~

1 Comment

Filed under Miscellaneous

Meet Erica – Our Newest Circulation Assistant!

I have lived in Charlotte for about 11 years. I am originally from southern California, but fortunately I have managed to lose my Valley Girl accent. I graduated from UNCC with honors in anthropology and Japanese. My interests are in cultural anthropology and mythology/folklore. From 2010-2011 I stayed in Oita, Japan (southern Japan) for about 10 months for a study abroad program. And I had the opportunity to work as an ESL teacher for a few months. It was an amazing experience! I am a huge graphic novel aficionado, and I love my mountain bike.

~Erica Tyler~

Leave a Comment

Filed under Miscellaneous

Freedom to Read

Prior to becoming a librarian, I took my First Amendment rights for granted. It wasn’t until I was involved in a book challenge at a local elementary school library that I realized that the freedom to read was important for everyone to be able to read what they wanted without censorship.

It is hard to imagine that the rights to free speech and free press remain far from universal.  Few countries even come close to the protections provided by the U.S. Constitution. Even in the United States, our freedoms are regularly challenged.

Fortunately, there are some organizations that defend our free speech rights. They include the American Civil Liberties Union, the American Booksellers Foundation for Free Expression, the Association of American Publishers, and Freedom to Read Foundation (FTRF).  The Freedom to Read Foundation was established in 1969 by the American Library Association (ALA)  “to promote and defend the right to read; to foster libraries as institutions wherein every individual’s First Amendment freedoms are fulfilled: and to support the right of libraries to include in their collections and make available any work which they may legally acquire.”

The Freedom to Read Foundation was created as the First Amendment legal defense organization of the American Library Association.

The Foundation’s charter lists four purposes:

  • Promoting and protecting the freedom of speech and of the press;
  • Protecting the public’s right of access to information and materials stored in the nation’s libraries;
  • Safeguarding libraries’ right to disseminate all materials contained in their collections; and
  • Supporting libraries and librarians in their defense of First Amendment rights by supplying them with legal counsel or the means to secure it.

The Foundation’s work is divided into two main activities:

  • The allocation and disbursement of grants to individuals and groups primarily for the purpose of aiding them in litigation;
  • Direct participation in litigation dealing with freedom of speech and of the press.

In 1967, the ALA created the Office for Intellectual Freedom (OIF) to monitor censorship, alert librarians to trends, and provide resource materials to local librarians to help them defend challenges to the books on their shelves. It was not long before the OIF realized that librarians needed expert legal support and thus the FTRF was created.

In the first year, the FTRF helped defend a state librarian in Missouri who had been fired after writing a letter to the local paper protesting the suppression of an underground newspaper. In the same year, the Foundation helped a librarian in Virginia who challenged the constitutionality of a religion course in the city schools.  The FTRF has filed many legal challenges over the years, especially in those situations where the core mission of libraries needed to be defended. For example, the Foundation has initiated many cases concerning challenged books. However, the FTRF most often appears in court through amicus briefs to support First Amendment claims against legislation and local policies that would restrict access to published material. The Foundation has been involved in numerous fights over the USA Patriot Act. While the FTRF’s work often involves national issues, the Foundation has also helped with community challenges as well.

The Freedom to Read Foundation website has sections with news and updates on current litigation. The most recent news deals with a recent influx of cases dealing with the issue of internet filtering programs and the Children’s Internet Protection Act. http://www.ala.org/groups/affiliates/relatedgroups/freedomtoreadfoundation

This summer, the Foundation recognized the loss of two pioneering authors.

Ray Bradbury died on June 5th.  His novel Fahrenheit 451, a dystopian book itself about censorship continues to be challenged even 60 years after its publication.

Maurice Sendak died on May 8th.  His Caldecott-winning book, Where the Wild Things Are, was a part of New Times, Inc. v. Isaacks, an FTRF case.  Because he deviated from the norms of children’s book illustration and writing, his work was controversial and challenged.

When the FTRF was formed, its board decided that the Foundation’s operating revenue would come from membership donations rather than corporate or large private contributions. Individual memberships are only $35/year, $10/year for students.

How To Contact The Freedom To Read Foundation

Freedom to Read Foundation

50 East Huron Street

Chicago, IL 60611

Telephone: 800.545.2433 ext 4226

ftrf@ala.org; http://www.ftrf.org/

As Ray Bradbury said, “There is more than one way to burn a book. And the world is full of people running about with lit matches.”

~Betty Thomas~

Leave a Comment

Filed under Miscellaneous, Websites

Help Needed from Students: Turn Our Blog into a Window into CSL’s Student Body

Do you have any idea how many employers and potential clients Google your name before they even meet you?  The day is gone when we could be one person at work and another at home. No more compartmentalizing. Everything is out in the open.  So are you tired of Google associating your name with an unprofessional presence?  Interested in changing that and replacing the Facebook and Twitter links with more professional ones?

Enter the Charlotte Law Library Blog.  We’re currently soliciting guest student bloggers to participate in creating content for our blog.  WordPress.com automatically sends notifications to Google with every post and page update. At almost 70,000 views since its inception and averaging over 80 views a day, we can help your voice rise above your personal web presence.  Each blog entry will be tagged with your preferred professional name, leaving you with the opportunity to build a professional presence underneath that moniker.

Not all students can be on law review, but as a student centered school, this opportunity gives all of our amazing students a chance to promote their organizations, their events and themselves in a professional forum.

Possible topics for blog postings include:

-          Promotion of events and special groups – special groups can include a tag line that offers information to readers on how to become involved with the group

-          Debriefing after events – feel free to include pictures and other media

-          Discussion of news events – links to articles, other blogs, etc. encouraged

-          Things you’ve learned in classes and general reflections on your law school experience

-          Internship and externship experiences

Go to our blog at https://charlottelawlibrary.wordpress.com/ and check the top bar for a link to our guest blogging guidelines.  Submit your blog entry as a Word attachment to amoye@charlottelaw.edu and feel free to call Ashley at 704.971.8567 with any questions or comments!

~Ashley Moye~

Leave a Comment

Filed under Miscellaneous

Help Needed from Staff and Faculty: Use Our Blog to Promote Your Events, Your Research and Your Ideas

Hello staff and faculty!

We’re working to create more robust blog content and would love to solicit your expert assistance in content creation.  In return, you get a venue to promote your events, your research and your ideas.

Here’s some topics to get your brain moving:

-          Promotion of events you’re involved in planning – a tag line can be added which offers readers contact information if they’re interested in more information

-          Debriefing after events you’ve participated in – feel free to include images and other media

-          Comments on current issues in the law – links to articles and other blogs encouraged

-          Research you’re working on – you may even generate student interest in assisting you in your research and your scholarship

Go to our blog at https://charlottelawlibrary.wordpress.com/ and check the top bar for a link to our guest blogging guidelines.  Submit your blog entry as a Word attachment to amoye@charlottelaw.edu and feel free to call Ashley at 704.971.8567 with any questions or comments!

~Ashley Moye~

Leave a Comment

Filed under Miscellaneous

Follow Kagan through the nomination process with UMICH

A big thanks goes out to Barbara H. Garavaglia, Assistant Director and Librarian, University of Michigan Law Library, for passing this information along.

The University of Michigan Law Library’s informational web page for the latest nominee to the U.S. Supreme Court, Solicitor General Elena Kagan, was created yesterday by reference librarian, Kincaid Brown, within hours of the announcement.  It is available at http://www.law.umich.edu/library/info/kagan/Pages/default.aspx.

The web page includes biographical information about Elena Kagan, links to her authored works, transcripts of speeches and links to confirmation hearings for Ms. Kagan’s nomination as Solicitor General. The site will be updated as Kincaid continues to compile material and as new information becomes available. When the confirmation hearings begin the site will also include links to the hearing transcripts.

Leave a Comment

Filed under Miscellaneous, News

Good luck out there soldier.

With the results from the February 2010 bar exam lingering over the horizon, the CharlotteLaw Library would like to extend a warm good luck to our graduates, and all those who sat for the exam.  Soon you’ll be licensed and ready to take on the world of litigating and mitigating.  Armed with your legal knowledge and skills, you all will be excellent attorneys!

Leave a Comment

Filed under Miscellaneous, Student Information

Student Perspectives: The Firearm Freedom Act

Across the nation, states are declaring themselves exempt from federal firearms laws.  Called the Firearms Freedom Act, the legislation applies to any firearm or ammunition manufactured in-state owned, used, or possessed by a state resident. Automatic weapons or rocket propelled grenades are still subject to federal firearm regulations.

One might ask, how can they do this? The Interstate Commerce Clause of the United State’s Constitution provides the legal basis for the federal government to mandate legislation across the nation.  The framers of the Constitution intended that absent the need to regulate Commerce, the United States Congress does not have authority to govern and control state sovereignty.  The 10th Amendment expressly reserves to the states all powers not delegated to the national government.  Gradually the Federal government expanded their authority until in 1942 the Supreme Court ruled that that Congress may regulate local activities that, when considered alone, have no impact on interstate commerce, if the class of activities might reasonably be deemed to have significant national consequences. Wickard v. Filburn, 317 U.S. 111 (U.S. 1942). Using the issue of firearms, states are trying to exert their state sovereignty again as provided by the 10th amendment.

What does this mean for the average American? In Wyoming, passing the legislation into law on March 11, 2010, makes it a felony punishable by a year in jail and a $2,000 fine for any state or federal officer who tries to enforce any federal gun law on firearms made and sold in the state. The states of Tennessee, Utah, Montana and South Dakota have enacted similar legislation absent the law enforcement penalty. (See at Firearm Freedom Act analysis by state.)It is also a local issue to North and South Carolina. Senator Bright introduced the “Firearms Freedom Act” in the 2009-2010 session of South Carolina in Senate bill S794. According to Vance County’s GOP website, Representative David Lewis of Harnet County plans to sponsor a similar bill in North Carolina.

So what federal restrictions are impacted?  According to the Billings Gazette, people who are convicted of misdemeanor domestic violence are prohibited from possessing a firearm under federal law; however, under this legislation that restriction is no longer applicable to the purchase of a local weapon.  Other federal restrictions that are seemingly circumvented include: a prohibition against convicted violent felons possessing firearms, a three day waiting period to purchase, a federal firearms license, and payment of federal taxes.

Supporters of the law see it as a manifestation of States rights against an overzealous federal government.  Gun advocates are already testing the legislation with a suit filed in the US District court of Montana against US Attorney General Eric Holder, with future suits planned in other states if the Montana suit is dismissed. The Bureau of Alcohol, Tobacco and Firearms warned gun dealers that they are expected to comply with all federal regulations regardless of the state legislation. If the states prevail over the issue of firearms, what other federal regulations created due to the Interstate Commerce Clause could be next?

-Charles Lifford ’13 (Part-Time Evening Student)-

Leave a Comment

Filed under Miscellaneous, News