333 E. Six Forks Road, Raleigh, NC 27609
(919) 838-5313 ~ fax (919) 838-5316 ~ info@ncicl.org
Believing that all political power is vested in and derived from the people; all government of right originates from the people, is founded upon their will only, and is instituted solely for the good of the whole, it shall be the mission of the North Carolina Institute for Constitutional Law to conduct research, educate and advise the general public, policy makers, and the Bar on the rights of citizens under the constitutions of the United States of America and the State of North Carolina. As appropriate, it shall engage in litigation to protect these rights.
Recent News
Justice Orr Announced as Member of the Board of the Hartzog Institute for Parks
The Board of Directors of the George B. Jr. and Helen C. Hartzog Institute for Parks at Clemson University has elected Justice Robert F. Orr as Member of the Board of Directors. The Hartzog Institute is a non-profit organization founded to conduct, broker and communicate a comprehensive program of research, education and management practices that enhance the world’s parks and protected areas, while concurrently increasing the understanding of the natural, historical, cultural and recreational value of these treasured resources among a global citizenry. The Institute’s goals include developing leadership, keeping parks relevant, conducting grounded research on park issues, and developing collaboration and partnerships.
To read the press release, click here.
Film Tax Cuts Get Re-Take in Some States
To read the full article, click here.
State Conceals Much about Apple
Jonathan Cox of the News and Observer reports on how Apple is likely to get another bite out of the taxpayers. The computer giant will probably get even more financial incentives from counties fighting for the company’s $1 billion data center. Apple has not yet decided on a site and the NC Department of Commerce is making it as difficult as possible for the public to find out which counties are contending.
To read the article, click here.
Robinson Everett (1928-2009)
Robinson Everett, one of the founding Board Members of the NC Institute for Constitutional Law, died in his sleep on Friday, June 12. Judge Everett was a professor of law at Duke, a notable and respected attorney, and former Chief Judge on the U.S. Court of Appeals for the Armed Services. At NCICL, he was a valuable member of our Board of Directors, an astute advisor, and a friend. We at NCICL were certainly privileged to have had Judge Everett as a part of our team and all feel the loss of his passing.
Apple Incentives: “A Flagrant Violation of the State's Guarantee of Equality under the Law”
From the News and Record, Charles Davenport, Jr., opines: Incentives for Apple are unconstitutional. Davenport comments on both the economic foolishness of granting tax breaks and incentives to large corporations and the unconstitutionality of such giveaways. He remarks: “Bob Orr, executive director of the N.C. Institute for Constitutional Law, has battled incentives for years, both in the courts and in the arena of public opinion. The Apple deal, he told the Triad Business Journal, ‘favors one corporation over all of the existing corporate citizens of our state, particularly those who have made large investments over the years. Our Supreme Court has said that the principle of equal rights to all, and special privileges to none, is fundamental, and must be recognized as such in the levy, assessment and collection of all taxes in this state.’”
To read the article, click here
When NC Couldn't Sweeten the Deal, the Mouse Walked
Jonathan Cox of the News & Observer writes about how, even with the film incentive law passed by then Gov. Mike Easley in 2006, North Carolina lost the opportunity to have the Walt Disney Picture's "The Last Song" filmed in the state. After three months of negotiations, the plan fell through because of a $125,000 disagreement with the state's tax collectors. The movie will now be filmed in Georgia which raised the credit for movie companies, giving back as much as 30 percent of money spent in Georgia on fuel, catering, compensation and other costs in 2008. In comparison, North Carolina refunds 15 percent of the money movie studios spend on qualifying expenses in the state.
To read the article, click here.
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