We are pleased to share the winning essays from the 5th Annual Sustainability Contest sponsored by the NCBA’s Environment, Energy & Natural Resources Section. The contest is open to all North Carolina high school students. Students participating in the 2019 contest were asked to respond to the following prompt:
North Carolina relies on nuclear power, coal, natural gas and renewable energy generated by solar, geothermal, biofuel and wind to meet the state’s energy needs. Each of these energy sources have positive and negative attributes in terms of cost, feasibility, transmission, distribution, and managing the waste from energy production. Is the state’s current mix of energy sources sustainable? Why or why not? If not, how would you allocate the percentage of each energy resource the state relies upon and why? Please respond in an essay of 2000 words or fewer, citing all materials (laws, studies, websites, news articles, etc.) that you rely upon in your analysis.
The EENR council was thrilled to receive 44 applications from high school students from across the state! We have included links to the following top three winning essays for your reading pleasure:
By amending its gambling laws this past summer, North Carolina may have invited an uncontemplated inevitability. On July 26, 2019, North Carolina Governor Roy Cooper signed Senate Bill 154 into law.[1] The new law allows “sports and horse race wagering” on Native American tribal lands under the federal Indian Gaming Regulatory Act.[2] Senate Bill 154 aimed to amend N.C.G.S. § 14-292.2 so that “sports and horse race wagering” would be included on the list of games that could be legally conducted in casinos located on tribal lands within North Carolina.[3] Under the new law, sports betting must occur on tribal lands and is limited to betting on the outcomes of sporting events.[4]
North Carolina became the tenth (10th) state to legalize sports betting, albeit limitedly.[5] In the wake of the Supreme Court’s striking down of the Professional and Amateur Sports Protection Act (“PAPSA”) in 2018,[6] many states have authorized sports gambling using a “walk-jog-run” approach.[7] This method slowly introduces sports betting into the population. The “walk” stage allows gambling in only brick-and-mortar locations, like tribal land casinos. The “jog” period permits “proposition” betting on aspects of sporting other than the outcome of games. The “run” phase authorizes mobile betting. Proponents of the North Carolina law estimated that a brick-and-mortar sports betting approach could generate as much as $1.5 million in revenue for the state.
https://ncbarblogprod.wpengine.com/wp-content/uploads/2018/06/Blog-Header-1-1030x530.png00SportsandEntertainmenthttps://ncbarblogprod.wpengine.com/wp-content/uploads/2018/06/Blog-Header-1-1030x530.pngSportsandEntertainment2019-12-04 10:52:162019-12-04 16:25:33The Slippery Slope of Legalizing Sports Betting in North Carolina
You don’t need a doctorate in American History (let alone a law degree) to know the vital role attorneys have played in the development of our nation. And yet, according to recent data, lawyers are considered by the public to contribute less than any other profession to society’s well-being. That negative perception correlates with lawyers’ decreased role in politics; as of 2016, attorneys made up a historically-low 36.5% of Congress, well below the high of 79.5% in 1849-50 and much lower than the 52.6% that made up the first Congress in 1789-90. Lawyers’ voices, however, are crucial to the Republic, and tend to have a shared understanding on the importance of a just and equitable government. That viewpoint manifests in unique ways; for example, lawyer members of the House of Representatives are more likely to support government funding of legal aid programs compared to non-attorney members.
By Shannon Sumner Governmental enforcement activity is on the rise, and improved coordination among enforcement bodies is meant to “help to identify culpable individuals and hold them accountable.” With this increase in enforcement actions, it is imperative that compliance remains top-of-mind. Effective compliance programs can not only serve as shields against potential risks, but they also provide a strong defense against government inquiry and/or enforcement.
https://ncbarblogprod.wpengine.com/wp-content/uploads/2018/06/Blog-Header-1-1030x530.png00HealthLawhttps://ncbarblogprod.wpengine.com/wp-content/uploads/2018/06/Blog-Header-1-1030x530.pngHealthLaw2019-12-03 15:16:222019-12-03 16:15:08The Role of Compliance in Government Enforcement
https://ncbarblogprod.wpengine.com/wp-content/uploads/2018/06/Blog-Header-1-1030x530.png00CorporateCounselhttps://ncbarblogprod.wpengine.com/wp-content/uploads/2018/06/Blog-Header-1-1030x530.pngCorporateCounsel2019-12-03 14:42:052019-12-06 11:06:29A Rhyming Reminder For Which you are Wiser . . .
Holidays were never a big deal for my family when I was growing up. We never put up a Christmas tree, never had extended family over for dinner, never put up Christmas lights. However, November and December have always been one of my favorite times of year, as there is something magical about the lights and the general excitement of the holidays. Living in the mountains where there was snow a good deal of the winter probably also lent to the ambience. After becoming an adult and getting married, my husband and I have worked to create our own holiday traditions, although they have changed over the years. Because neither of our families does much to celebrate the holidays, we have had to adapt and either make the most of them with our little family or celebrate with friends.
Since I was fourteen, I have lived in the vicinity of Camp Lejeune (Jacksonville, NC). Consequently, many of the friends I have made over the years have been affiliated with the military. I have said good-bye to more friends than I can count when they have moved on to the next duty station, but each one of them holds a special place in my heart. One of the things that has always struck me about the military lifestyle is the resilience it requires. Individuals who serve in the armed forces, and those who sacrifice as their spouses, children, and extended families often spend the holidays away from the ones they love the most. Countless births, birthdays, anniversaries, and other important life events are missed, but the holidays are especially difficult.
https://ncbarblogprod.wpengine.com/wp-content/uploads/2018/06/Blog-Header-1-1030x530.png00Paralegalshttps://ncbarblogprod.wpengine.com/wp-content/uploads/2018/06/Blog-Header-1-1030x530.pngParalegals2019-12-03 14:23:392019-12-03 16:49:16Embracing Others Can Help Boost Your Holiday Spirit
Art MacCord is a patent attorney with 40 years of experience. He keeps an eye on the U.S. Patent and Trademark Office and the U.S. Copyright Office for new rules and practice tips of interest to intellectual property attorneys. Find his latest updates here:
NCBA IPL Section Blog News Blasts for December 3, 2019
https://ncbarblogprod.wpengine.com/wp-content/uploads/2018/06/Blog-Header-1-1030x530.png00IntellectualPropertyhttps://ncbarblogprod.wpengine.com/wp-content/uploads/2018/06/Blog-Header-1-1030x530.pngIntellectualProperty2019-12-03 11:03:192019-12-03 11:09:13MacCord’s List: IP News & Notices From Art MacCord
By Ann B. Wall Members of the Administrative Law Section found the following recent third party articles to be interesting. Remember – if it says subscription required, check your legal research provider, as many of them include law reviews, journals and other publications. So, you may not subscribe directly to the publisher’s materials but may have access anyway through other means.
“The Future of Administrative Deference”, Andrew Hessick, 41 Campbell L. Rev. 421, Spring, 2019. Although written before the US Supreme Court ruled in the deference case before it last year, this article provides a useful overview of the issues and why they may matter to NC practitioners.
https://ncbarblogprod.wpengine.com/wp-content/uploads/2018/06/Blog-Header-1-1030x530.png00Administrativehttps://ncbarblogprod.wpengine.com/wp-content/uploads/2018/06/Blog-Header-1-1030x530.pngAdministrative2019-12-02 18:27:272019-12-10 09:00:34You may find these articles of interest
Jacquelyn Greene, Assistant Professor of Public Law and Government for the UNC School of Government, recently posted the following item regarding the new Raise the Age law on the On the Civil Side blog of the UNC School of Government:
https://ncbarblogprod.wpengine.com/wp-content/uploads/2018/06/Blog-Header-1-1030x530.png00JuvenileJusticehttps://ncbarblogprod.wpengine.com/wp-content/uploads/2018/06/Blog-Header-1-1030x530.pngJuvenileJustice2019-12-02 16:31:572019-12-02 16:42:13Raise the Age Tips and Resources for Law Enforcement
Who are we? Legal LINK is a subcommittee of the North Carolina Bar Association Young Lawyers Division. Legal LINK stands for Leadership, Information, Networking, and Knowledge. This program is designed to increase interest in legal careers among high school students who are underrepresented in the legal profession. Legal LINK consists of one-hour sessions focused on each of the LINK building blocks and includes a field trip to a local law school or courthouse. Last year, we participated in 2 schools, but this year so far, we have expanded to four schools — two in Durham, one in Roxboro, and one in Charlotte. We aim to reach out to at least 20 students each session and bring 4-5 attorneys, law students, or judges to serve as panelists.
2019 Sustainability Bar Essay Contest – Winning Essays!
Environment Energy & Natural ResourcesWe are pleased to share the winning essays from the 5th Annual Sustainability Contest sponsored by the NCBA’s Environment, Energy & Natural Resources Section. The contest is open to all North Carolina high school students. Students participating in the 2019 contest were asked to respond to the following prompt:
North Carolina relies on nuclear power, coal, natural gas and renewable energy generated by solar, geothermal, biofuel and wind to meet the state’s energy needs. Each of these energy sources have positive and negative attributes in terms of cost, feasibility, transmission, distribution, and managing the waste from energy production. Is the state’s current mix of energy sources sustainable? Why or why not? If not, how would you allocate the percentage of each energy resource the state relies upon and why? Please respond in an essay of 2000 words or fewer, citing all materials (laws, studies, websites, news articles, etc.) that you rely upon in your analysis.
The EENR council was thrilled to receive 44 applications from high school students from across the state! We have included links to the following top three winning essays for your reading pleasure:
Stay tuned for the 2020 EENR Sustainability Contest question, to be announced soon!
The Slippery Slope of Legalizing Sports Betting in North Carolina
Sports & Entertainment Law SectionBy amending its gambling laws this past summer, North Carolina may have invited an uncontemplated inevitability. On July 26, 2019, North Carolina Governor Roy Cooper signed Senate Bill 154 into law.[1] The new law allows “sports and horse race wagering” on Native American tribal lands under the federal Indian Gaming Regulatory Act.[2] Senate Bill 154 aimed to amend N.C.G.S. § 14-292.2 so that “sports and horse race wagering” would be included on the list of games that could be legally conducted in casinos located on tribal lands within North Carolina.[3] Under the new law, sports betting must occur on tribal lands and is limited to betting on the outcomes of sporting events.[4]
North Carolina became the tenth (10th) state to legalize sports betting, albeit limitedly.[5] In the wake of the Supreme Court’s striking down of the Professional and Amateur Sports Protection Act (“PAPSA”) in 2018,[6] many states have authorized sports gambling using a “walk-jog-run” approach.[7] This method slowly introduces sports betting into the population. The “walk” stage allows gambling in only brick-and-mortar locations, like tribal land casinos. The “jog” period permits “proposition” betting on aspects of sporting other than the outcome of games. The “run” phase authorizes mobile betting. Proponents of the North Carolina law estimated that a brick-and-mortar sports betting approach could generate as much as $1.5 million in revenue for the state.
Read more
Civic Engagement Committee December 11 Panel
Young Lawyers DivisionBy Bryan Norris
You don’t need a doctorate in American History (let alone a law degree) to know the vital role attorneys have played in the development of our nation. And yet, according to recent data, lawyers are considered by the public to contribute less than any other profession to society’s well-being. That negative perception correlates with lawyers’ decreased role in politics; as of 2016, attorneys made up a historically-low 36.5% of Congress, well below the high of 79.5% in 1849-50 and much lower than the 52.6% that made up the first Congress in 1789-90. Lawyers’ voices, however, are crucial to the Republic, and tend to have a shared understanding on the importance of a just and equitable government. That viewpoint manifests in unique ways; for example, lawyer members of the House of Representatives are more likely to support government funding of legal aid programs compared to non-attorney members.
Read more
The Role of Compliance in Government Enforcement
Health Law SectionSPONSORED CONTENT
By Shannon Sumner
Governmental enforcement activity is on the rise, and improved coordination among enforcement bodies is meant to “help to identify culpable individuals and hold them accountable.” With this increase in enforcement actions, it is imperative that compliance remains top-of-mind. Effective compliance programs can not only serve as shields against potential risks, but they also provide a strong defense against government inquiry and/or enforcement.
Read more
A Rhyming Reminder For Which you are Wiser . . .
Corporate CounselBy Josh McIntyre
Good tidings I bring from the NCBA,
For Corporate Counsel dues you no longer pay!
They’re included in your basic membership fee,
Along with 12 hours of On Demand CLE.
Covering ethics, substance abuse and technology training,
We have it all so there’s no need for complaining.
And if in other practices you’re feeling a bit flirty,
You can add another section, of which there are 30.
Read more
Embracing Others Can Help Boost Your Holiday Spirit
Paralegal DivisionHolidays were never a big deal for my family when I was growing up. We never put up a Christmas tree, never had extended family over for dinner, never put up Christmas lights. However, November and December have always been one of my favorite times of year, as there is something magical about the lights and the general excitement of the holidays. Living in the mountains where there was snow a good deal of the winter probably also lent to the ambience. After becoming an adult and getting married, my husband and I have worked to create our own holiday traditions, although they have changed over the years. Because neither of our families does much to celebrate the holidays, we have had to adapt and either make the most of them with our little family or celebrate with friends.
Since I was fourteen, I have lived in the vicinity of Camp Lejeune (Jacksonville, NC). Consequently, many of the friends I have made over the years have been affiliated with the military. I have said good-bye to more friends than I can count when they have moved on to the next duty station, but each one of them holds a special place in my heart. One of the things that has always struck me about the military lifestyle is the resilience it requires. Individuals who serve in the armed forces, and those who sacrifice as their spouses, children, and extended families often spend the holidays away from the ones they love the most. Countless births, birthdays, anniversaries, and other important life events are missed, but the holidays are especially difficult.
Read more
MacCord’s List: IP News & Notices From Art MacCord
Intellectual Property Law SectionNCBA IPL Section Blog News Blasts for December 3, 2019
Updated Legal Framework for Patent Electronic System
https://www.uspto.gov/web/offices/com/sol/og/2019/week47/TOC.htm#ref9
Changes to Requirements for Orthodox Crop Seed Deposits at the Provasoli-Guillard National Center for Marine Algae and Microbiota (NCMA) at Bigelow Laboratory for Ocean Sciences
https://www.uspto.gov/web/offices/com/sol/og/2019/week47/TOC.htm#ref10
Patent Public Advisory Committee Annual Report 2019
https://www.uspto.gov/web/offices/com/sol/og/2019/week48/2019PPACAnnualReport.pdf
Trademark Public Advisory Committee Annual Report 2019
https://www.uspto.gov/web/offices/com/sol/og/2019/week48/2019TPACAnnualReport.pdf
America Invents Act (AIA) Trial Practice Guide (second edition)
https://www.uspto.gov/about-us/news-updates/consolidated-trial-practice-guide-november-2019
You may find these articles of interest
Administrative LawMembers of the Administrative Law Section found the following recent third party articles to be interesting. Remember – if it says subscription required, check your legal research provider, as many of them include law reviews, journals and other publications. So, you may not subscribe directly to the publisher’s materials but may have access anyway through other means.
The NC Courts Website as a Research Tool. http://blogs.law.unc.edu/library/2019/10/14/the-nc-courts-website-as-a-research-tool/. This article from the UNC-CH School of Law Library mentions features of the courts’ new website that you may not yet have discovered.
“The Future of Administrative Deference”, Andrew Hessick, 41 Campbell L. Rev. 421, Spring, 2019. Although written before the US Supreme Court ruled in the deference case before it last year, this article provides a useful overview of the issues and why they may matter to NC practitioners.
Read more
Raise the Age Tips and Resources for Law Enforcement
Juvenile Justice & Children's RightsJacquelyn Greene, Assistant Professor of Public Law and Government for the UNC School of Government, recently posted the following item regarding the new Raise the Age law on the On the Civil Side blog of the UNC School of Government:
Legal LINK
Young Lawyers DivisionLegal LINK is a subcommittee of the North Carolina Bar Association Young Lawyers Division. Legal LINK stands for Leadership, Information, Networking, and Knowledge. This program is designed to increase interest in legal careers among high school students who are underrepresented in the legal profession. Legal LINK consists of one-hour sessions focused on each of the LINK building blocks and includes a field trip to a local law school or courthouse. Last year, we participated in 2 schools, but this year so far, we have expanded to four schools — two in Durham, one in Roxboro, and one in Charlotte. We aim to reach out to at least 20 students each session and bring 4-5 attorneys, law students, or judges to serve as panelists.
Read more