In Part 1, we examined how our legal system developed to the point where a statutory framework that blatantly favors one class of businesses over another is constitutionally permissible. Using the historical example of Nebbia v. New York, we saw that the Court altered its jurisprudence to become...
Published: Saturday, January 9th, 2016 @ 5:47 am
By: Civitas Insitute
|
Does our state's constitution mean what it says? That's the question asked by a recent lawsuit filed in Wake County Superior Court. At issue is the constitutionality of recent changes to how justices are elected to the North Carolina Supreme Court. The case will not only require our courts to...
Published: Saturday, January 9th, 2016 @ 5:09 am
By: Civitas Insitute
|
Nashville-Civitas Center for Law and Freedom (CLF) Lead Counsel Elliot Engstrom will be a featured panelist at the Heartland Institute's Emerging Issues Forum on Dec. 9 in Nashville, Tennessee.
Published: Saturday, January 9th, 2016 @ 4:39 am
By: Civitas Insitute
|
In recent years, the microbrew industry in North Carolina has come into conflict with state regulations artificially limiting the growth of an otherwise booming business model. Specifically, North Carolina law mandates that a microbrewery may only distribute and sell its own beer if it sells less...
Published: Friday, January 8th, 2016 @ 10:26 am
By: Civitas Insitute
|
Since the days of Nebbia and West Coast Hotel, challenges to economic regulation have almost universally failed. Particularly in the realm of alcohol, where the State historically plays a role in regulating the distribution and consumption of an intoxicating product, it would be difficult to...
Published: Thursday, January 7th, 2016 @ 4:11 am
By: Civitas Insitute
|
On Friday, September 11, the Civitas Institute Center for Law and Freedom joined several other state-based legal and policy organizations in asking the U.S. Supreme Court to uphold the freedom of employees to choose what political causes they support. In a joint amicus brief in the case of...
Published: Saturday, October 10th, 2015 @ 11:53 am
By: Civitas Insitute
|
The Center for Law and Freedom is making Staff Attorney Elliot Engstrom available to speak with groups statewide free of charge. Groups can choose to hear about a variety of topics, including...
Published: Friday, October 2nd, 2015 @ 5:44 am
By: Civitas Insitute
|
On Friday, August 28, the Civitas Institute Center for Law and Freedom (CLF) filed suit against the City of Belmont, North Carolina, alleging violations of state public records law.
Published: Sunday, September 6th, 2015 @ 2:24 pm
By: Civitas Insitute
|
In 2008-2009, a legal battle took place in Guildford County Superior Court over whether third-party investigations into city police department are subject to our state's public records law. The issue is one of great importance for advocates of government transparency, as citizens have a right to...
Published: Friday, August 14th, 2015 @ 12:12 pm
By: Civitas Insitute
|
The Civitas Institute Center for Law and Freedom functions as North Carolina's conservative public interest law firm. In this capacity, we provide legal and educational services at no cost as a part of the Civitas Institute's overall charitable mission. To better understand who CLF is and what we...
Published: Saturday, June 27th, 2015 @ 5:37 am
By: Civitas Insitute
|
Neither the North Carolina Association of Educators (NCAE) nor the Office of the State Auditor is any stranger to media attention. Between the NCAE's dues check off litigation and the State Auditor's recent report on corruption at DHHS, both organizations have seen their share of the limelight...
Published: Thursday, June 4th, 2015 @ 4:36 am
By: Civitas Insitute
|
In recent weeks, the small town of Fairmont, N.C. has received what is likely the most national media coverage it has seen in years. The Robeson County town of less than 3,000 is home to Lyndon McLellan, who owns and operates a local convenience store. Last summer, his entire business bank...
Published: Wednesday, May 6th, 2015 @ 11:40 am
By: Civitas Insitute
|
In recent months, headlines on religious liberty across the nation have referred almost exclusively to the Religious Freedom Restoration Act (RFRA) - both the federal version passed in 1993 and various state versions, or "mini" RFRAs, that have been passed since 1997. These laws, whether enacted...
Published: Monday, April 27th, 2015 @ 4:26 pm
By: Civitas Insitute
|
RFRA, once an acronym spoken only in academic halls and legislative debates, has become a household subject across America. The federal Religious Freedom Restoration Act and its state counterparts have been demonized by some and glorified by others. The underlying assumption of these laws is...
Published: Wednesday, April 15th, 2015 @ 6:57 pm
By: Civitas Insitute
|
Last week, the Civitas Institute dropped our public records lawsuit against the Alamance County Board of Elections and Alamance County attorney. To the credit of the board and county attorney, the entire issue was resolved in less than four months. Unfortunately, this is lightning fast compared...
Published: Tuesday, April 14th, 2015 @ 4:24 am
By: Civitas Insitute
|
On March 26, several members of the North Carolina House of Representatives filed House Bill 348 - The NC Religious Freedom Restoration Act. The bill, with primary sponsors Rep. Jacqueline Michelle Shaffer and Rep. Dan Bishop, is one of several pieces of legislation nationwide that have...
Published: Monday, April 6th, 2015 @ 8:59 pm
By: Civitas Insitute
|
Today, the Civitas Institute joins the Cato Institute in asking the United States Supreme Court to clarify its role in protecting Americans from occupational licensure abuse. In a joint amicus brief, attorneys from Civitas and Cato ask the Court to grant certiorari in Vong v. Aune - a case with...
Published: Wednesday, March 11th, 2015 @ 8:14 am
By: Civitas Insitute
|