November 2009 at NCICL


Nov 30th, 2009
by Cynthia Crowdus & Kristin Mar

November 2009

The North Carolina Institute for Constitutional Law is a nonpartisan organization that educates, informs and advises the public and elected officials on the rights of citizens under the constitutions of the United States and the State of North Carolina. NCICL also supports litigation by its lawyers on constitutional issues when appropriate. In keeping with its mission, NCICL is sending this newsletter to keep you abreast of our current endeavors, litigation, and research.

 

Litigation Updates

Baxter v. Nicholson, Inc.
 
On November 24th, NCICL Executive Director Robert F. Orr and Senior Staff Attorney Jeanette Doran filed a motion requesting permission to file an amicus curiae brief at the North Carolina Supreme Court in a case that concerns the authority of certain government officers whose terms have expired.  On June 17th, 2008, the Court of Appeals ruled that a decision made by a three member panel of the Industrial Commission was not valid because one member of the panel had no authority as a Commission member once his replacement was appointed and that appointment was made the same day the panel released its decision.  Pursuant to statute, the Commissioner in question had been serving in a hold-over capacity since 2004 when his term expired.
 
NCICL Updates
 
Website: 
NCICL launched its revised website on Monday, November 16th.
 
Constitutional Conversation: 

On November 17th, NCICL hosted a Constitutional Conversation at Campbell Law School.
 
Justice Robert Orr moderated the discussion of balanced budget powers by a distinguished panel of presenters who explained what happens practically and legally during a state budget crisis, from the time the Budget is passed by legislature, to when it is administered by the Governor, to when it is challenged in the courts.

The panelists included Justice Franklin Freeman, a former Associate Justice of the North Carolina Supreme Court, Governor's Chief of Staff, Director of the Administrative Office of the Courts, and now with McGuireWoods Consulting; Dan Gerlach, former Budget Director for Governor Easley and current President of the Golden Leaf Foundation; Gene Nichol, a constitutional scholar, former Dean of the UNC Law School, President of William & Mary, and current Director of the Center of Poverty, Work, and Opportunity at UNC Law School; and Representative Paul Stam, noted advocate for constitutional restraint in government, litigant in several important state constitutional cases, and a practicing attorney in Wake County and Minority Leader of the North Carolina House of Representatives.
 
SPN Conference:
From November 2nd through November 4th, staff of NCICL attended the State Policy Network's (SPN) Annual Meeting in Asheville, NC.  SPN is an organization that supports America's free market, state-focused think tank community.  The SPN Conference provided leadership development, management training and networking opportunities.

Speakers included J. Arthur Pope, President of the John William Pope Foundation; Fred Barnes, Executive Editor of The Weekly Standard; Clayton Christensen, a Professor at Harvard Business School; James K. Glassman, Former Under Secretary for Public Diplomacy and Public Affairs at the U.S. Department of State; Jeff Sandefer, Co-Founder of the Master-Teacher Action School of Business; Robert A. Levy, Chairman of the Cato Institute; James O'Keefe, ACORN video creator, and Steve Hantler, CEO of Right on Demand.

November Articles 
NCICL in the Community
The North Carolina Museum of History hosted the 14th Annual American Indian Heritage Celebration on November 20th and November 21st.  Staff of NCICL offered volunteer services during the event to help commemorate American Indian Heritage Month.

Robert Orr recently attended the Board of Directors meeting of The Hartzog Institute for Parks, a non-profit organization founded to enhance research, education, and management practices for state, national, and international parks and protected areas.  The Institute is affiliated with Clemson University, and its chair is Ronald H. Walker, former Director of the National Parks Service and current President of the Richard Nixon Presidential Foundation.

Donate to NCICL
The North Carolina Institute for Constitutional Law operates solely through the generosity of people who support our fight for freedom and fairness. NCICL depends on contributions from individuals, businesses and foundations.  When you give to NCICL, you are supporting our goal to achieve good government in our State. As a 501 (c) (3) organization, all contributions are tax-deductible. 

Please Donate Online

Or mail your donation to:
Executive Director
North Carolina Institute for Constitutional Law
333 E. Six Forks Road
Suite 180
Raleigh, NC 27609
 
“I've litigated against NCICL attorneys in some of NCICL's highest profile cases, and I've been impressed by their dedication, their professionalism, and the quality of their work.  These attorneys have shown an unwavering commitment to defending the principles and enforcing the limitations that NCICL believes are required by our constitution.” –Sean Andrussier, Duke University, Durham, North Carolina
 
“The Institute has been a great help to us in asserting our rights under the Constitution.  They really fill a unique niche in providing pro bono legal representation for these critical issues. I don’t know what North Carolina would do without them.”  Dr. Nathan Williams from Hope—A Women’s Cancer Center, Asheville, North Carolina