January 2010 at NCICL
Feb 1st, 2010
January 2010
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
Hope—A Women’s Cancer Center, et al. v. State of North Carolina, et al.
On January 11th, the Court of Appeals heard oral arguments in this case which challenges the constitutionality of aspects of the Certificate of Need laws. Staff Attorney Jason Kay and Executive Director Justice Robert F. Orr participated as co-counsel with Attorney Noah Huffstetler, III.
On January 11th, the Court of Appeals heard oral arguments in this case which challenges the constitutionality of aspects of the Certificate of Need laws. Staff Attorney Jason Kay and Executive Director Justice Robert F. Orr participated as co-counsel with Attorney Noah Huffstetler, III.
To learn more about the case, click here.
To read the brief, click here.
Sugar Creek Charter School, Inc., et al. v. State of North Carolina, et al.
On January 22nd, Chief Justice Parker signed an Order designating the case as exceptional under Rule 2.1 and assigned the Honorable Forrest D. Bridges, Senior Resident Superior Court Judge from Cleveland County, as Judge.
To learn more about the case, click here.
NCICL Updates
Good Jobs First Tax Incentives Press Conference
On January 13th, Good Jobs First held a press conference to announce the release of its major study of seven states competing to grow their economies amid the tax-break and giveaway incentives war among the states. The study looks at Pennsylvania’s policies and compares them to those of Ohio, New Jersey, New York, Maryland, North Carolina and West Virginia. It charts a positive alternative strategy for the most effective job-creation investments.
On January 13th, Good Jobs First held a press conference to announce the release of its major study of seven states competing to grow their economies amid the tax-break and giveaway incentives war among the states. The study looks at Pennsylvania’s policies and compares them to those of Ohio, New Jersey, New York, Maryland, North Carolina and West Virginia. It charts a positive alternative strategy for the most effective job-creation investments.
The study indicates that “[i]nstead of competing with each other for specific companies, states' resources will best be spent strengthening small, young and locally owned businesses, and improving the skills of workers to match industry needs.” The study provides eight case studies of big-ticket incentive deals, including those involving Dell and Google here in North Carolina, and was funded by a grant from the Heinz Foundation.
To see the full report, click here.
Press Conference on Raleigh's Proposed New Public Safetly Center
Bi-Monthly Law & Public Policy Luncheon hosted jointly by the John Locke Foundation and the Federalist Society
On January 21st, Senior Staff Attorney Jason Kay appeared as the Guest Speaker to the Law and Public Policy Luncheon. Discussion centered around the case Libertarian Party of NC v. State which is a constitutional challenge to North Carolina's ballot access restrictions. Kay discussed, among other things: North Carolina's ballot access laws and the obstacles they create for emerging political parties; the constitutional rights of political parties to participate in the election process; and the primary legal issues in Libertarian Party of NC v. State.
On January 21st, Senior Staff Attorney Jason Kay appeared as the Guest Speaker to the Law and Public Policy Luncheon. Discussion centered around the case Libertarian Party of NC v. State which is a constitutional challenge to North Carolina's ballot access restrictions. Kay discussed, among other things: North Carolina's ballot access laws and the obstacles they create for emerging political parties; the constitutional rights of political parties to participate in the election process; and the primary legal issues in Libertarian Party of NC v. State.
Press Conference on Raleigh's Proposed New Public Safetly Center
Justice Robert F. Orr, along with other speakers, spoke on January 27th at a press conference to address the Lightner Center, a proposed new public safety center with a $205 million price tag, and whether voters have a constitutional right to have a bond referendum on the debt to be incurred.
To read more about the press conference, click here.
January Articles about NCICL
•James Drew, “Report says Texas Enterprise Fund not creating jobs as promised”, The Dallas Morning News
•Justin Moss, “Groups Want to Put Breaks on New Police Home”, NBC 17
•Richard Craver, “Buying Business: How do Taxpayers Know if Incentives Packages are Paying Off?”, The Winston-Salem Journal
Please Support NCICL
The North Carolina Institute for Constitutional Law operates solely through the generosity of people who support our advocacy 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
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Executive Director
North Carolina Institute for Constitutional Law
333 E. Six Forks Road
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Raleigh, NC 27609
"[G]overnment is instituted, and ought to be exercised for the benefit of the people; which consists in the enjoyment of life and liberty, with the right of acquiring and using property, and generally of pursuing and obtaining happiness and safety… [T]he people have an indubitable, unalienable, and indefeasible right to reform or change their government, whenever it be found adverse or inadequate to the purposes of its institution." –James Madison