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Just in Time for Halloween: Has the Specter of Viar Returned?

Thirty years ago, Justice Scalia famously described the Supreme Court’s Lemon test as “some ghoul in a late-night horror movie that repeatedly sits up in its grave and shuffles abroad, after being repeatedly killed and...more

Back In The (COVID) House: Supreme Court Cancels Plans To Return To In-Person Oral Arguments

Less than a month ago, I excitedly reported about a courtroom reunion for appellate advocates and the Supreme Court justices. Jinx! With the recent surge in Delta variant Covid-19 infections, the North Carolina...more

Appellate Ping-Pong: General Assembly Sends Termination Of Parental Rights Cases Back To Court Of Appeals

In April 2017, the General Assembly moved primary (i.e., initial) appellate jurisdiction in termination of parental rights appeals from the Court of Appeals to the Supreme Court. That change (which went into effect in...more

2021 Codification Of The Appellate Rules

In the first three weeks of 2021, I have heard nothing but positive feedback about the Supreme Court’s transcript-related rules updates. In more good news, the Supreme Court’s Office of Administrative Counsel has...more

Investiture Ceremony Of The Supreme Court Of North Carolina

At the stroke of midnight, North Carolina’s judiciary entered a new era, with many appellate justices and judges taking the oath office from their homes. This age-old changing of the guard included Chief Justice Paul Newby...more

1/4/2021  /  Judges , North Carolina , SCOTUS

T-Minus Two Minutes And Counting: Uninterrupted Oral Argument At SCOTUS

For the past 25 years, an oral argument before the United States Supreme Court was considered an oddity when an advocate managed to squeeze two or three sentences in before being interrupted by the bench. Last Thursday, the...more

10/9/2019  /  Oral Argument , SCOTUS
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