About the Program:
(Due to an unexpectedly high registration,
the site for the CLE has changed as of December 6, 2004.
The date and time have not changed.)

The new CLE Location is:
December 9, 2004
8:30 - 3:30

Click here for details

  • Professor Peter Enrich of Northeastern University School of Law is a noted scholar and the lead plaintiff’s counsel in the recent case, Cuno v. DaimlerChrysler in which the 6th U.S. Circuit Court of Appeals ruled that an investment tax credit that Ohio granted DaimlerChrysler in exchange for the automaker agreeing to build an assembly plant in Toledo violated the U.S. Constitution’s interstate commerce clause. Professor Enrich will outline emerging trends with business/location incentives; discuss the role of the commerce clause in limiting state and local taxation, including the history of judicial applications of the dormant commerce clause and the courts’ modern approach. Finally, he will discuss specific case applications of the commerce clause to location incentives—including discussion of Cuno v. DaimlerChrysler.
  • Professor Richard Bowser of Campbell University’s Norman Adrian Wiggins School of Law and Diann L. Smith, General Counsel for the Council On State Taxation will provide a response and challenges to Professor Enrich’s discussions.
  • Attorney Bert Gall of the Institute of Justice (IJ) will provide a historical background from a national prospective on the use of eminent domain for economic development purposes and examine recent judicial decisions striking down the condemnation of private land for private purposes. In County of Wayne v. Hathcock, the Michigan Supreme Court overruled the historic Poletown decision by rejecting the notion that "a private entity’s pursuit of profit was a ‘public use’ for constitutional takings purposes simply because one entity’s profit maximization contributed to the health of the general economy." Gall will also discuss Kelo v. City of New London, a case filed by IJ that is currently awaiting hearing by the U.S. Supreme Court to decide whether the Constitution allows the government to use eminent domain to take one person’s home or small business so a bigger business can make more money off that land and pay more taxes as a result.
  • Professor David Lawrence of the University of North Carolina School of Government’s Institute of Government will discuss the use of eminent domain for economic purposes as utilized in North Carolina.
  • The final panel discussion will focus on constitutional regulation of economic develop in North Carolina: a historic overview and the current status of the case law in this area. The panel will focus on the “public purpose” clause as outlined in Article V. § 2 of the North Carolina constitution and the N.C. Supreme Court’s decision in Maready v. Winston Salem which interpreted the public purpose clause. This panel will include: Jack Holtzman of the N.C. Justice and Community Development Center; William Maready of The Maready Law Offices--who also was the plaintiff and lead counsel in Maready v. Winston Salem; and Ernest Pearson of The Sanford Holshouser LLP and the Sanford Holshouser Business Development Group.
  • Please see the program outline for more detailed information on the program contents and schedule.