Cornerstone Commentaries & Op-eds
Bayard v. Singleton: North Carolina as the Pioneer of Judicial Review
Andrew Brown
Aug 20th, 2010
At the outset of the American Revolution Samuel Cornell, likely the richest man in North Carolina remained loyal to the King. He fled to England and returned with the King’s troops to his family’s home in New York. The North Carolina General Assembly confiscated his thousands of acres as well as his house.
The incentives game is not for locals
Robert F. Orr
Sep 20th, 2009
In an article appearing in The News and Record on Sunday, September 20, 2009, Justice Robert F. Orr writes that local governments need to get out of the incentives business, particularly when it involves targeted incentives that go to only one business or at most a handful of favored businesses. He contends that North Carolina needs to create a new model for economic development – one that is fair to new and existing businesses and that benefits the range of businesses in our state from multi-national conglomerates to small, home grown operations. Currently North Carolina has an economic development policy that pits one North Carolina community against another strongly favors the large wealthy counties like Mecklenburg and Wake at the expense of smaller and less affluent areas in our state. Justice Orr points out that an economic development policy that allows our larger, economically strong cities and counties to raid their struggling fellow North Carolina communities of desperately needed jobs and businesses is fundamentally flawed, if not straight out unconstitutional.
Compelled speech
Jeanette Doran
Aug 30th, 2009
In a letter to the editor featured in the News & Observer, Jeanette Doran, Senior Staff Attorney at the North Carolina Institute for Constitutional Law, writes: As the attorney for the plaintiffs in the recently decided judicial campaign funding case, I read with interest Steve Ford's column Aug. 23 and was struck by his trivialization of the constitutional issues involved. The First Amendment guarantees not only that the government cannot prohibit speech, including expressive conduct like making a campaign contribution, but also that the government cannot compel speech. At its core, this case was about compelled speech and the First Amendment right of every American not to be forced to support candidates with whom they disagree. My clients are public defenders earning modest wages who were forced to pay the campaign fee from their own pockets. When they refused to pay the fee that would have subsidized appellate judicial races, the State Bar threatened to suspend their law licenses. Had they not paid, my clients would have been unable to practice law and would have lost their jobs. This case was not about the personal piques or raw nerves of the judge or my clients, notwithstanding suggestions to the contrary from Ford. No, this case was about freedom of speech and freedom from compelled speech.
Paying the freight for judges
Steve Ford
Aug 23rd, 2009
Maybe Howard Manning Jr., the force of nature who is king of all he surveys from his judge's perch in Wake County Superior Court, had a raw nerve. Maybe he didn't like having to fork over $50 that some overambitious legal lightweight could then draw upon to help finance his or her campaign for a judicial post higher than Manning's own. What happens to raw nerves is that sooner or later, they get touched. Now we don't really think Manning would base a decision on personal pique rather than his reading of the law. But a suit brought by the distinguished windmill-tilter Bob Orr, former state Supreme Court justice, on behalf of some disgruntled Mecklenburg County attorneys seems to have made Manning wince, as if he felt their pain. The attorneys objected to the $50 assessment laid on them and other members of the North Carolina bar under the state's public finance program for judicial races. This is the program, a national trailblazer, by which candidates for the state's appellate courts can draw on public funds to pay campaign expenses.
Jobs, incentives and a mix-up
Mandy Locke
Aug 21st, 2009
The nonprofit the Neighborhood Assistance Corporation of America (NACA) reeives $1 million in state funding, an amount more than previously specified but a fraction of what NACA chief executive expected.
We Can Only Wonder How the Deal was Done
Robert F. Orr
Jun 1st, 2009
Justice Robert Orr, Executive Director of the North Carolina Institute for Constitutional Law, discusses how legislative leaders are being asked to pass legislation providing an enormous tax break favoring a single corporation without providing the rank and file members of the legislature, the press or the public any specifics about the proposed deal.
Op-Ed on Targeted Incentives System
Robert F. Orr
Feb 24th, 2009
Justice Robert Orr, Executive Director of the North Carolina Institute for Constitutional Law, discusses his position on targeted incentive programs.
The Constitution is at the Heart of the Governor’s Oath of Office
Robert F. Orr
Jan 12th, 2009
Justice Robert Orr, Executive Director of the North Carolina Institute for Constitutional Law, discusses the Governor’s oath of office and the Governor’s responsibility to the people, is a binding commitment to our Constitution.
Economic Development Incentives Questioned
Dale Gibson
Dec 17th, 2008
The effectiveness of North Carolina Economic Development Incentives is discussed in a Joint Select Committee session.