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As I have previously reported, last May US Senator Sheldon Whitehouse (D-R.I) proposed subjecting people who make politically incorrect statements about climate change to criminal investigation, and in September a group of respected academics went on the record endorsing that outrageous idea...
As I have previously reported, last May US Senator Sheldon Whitehouse (D-R.I) proposed subjecting people who make politically incorrect statements about climate change to criminal investigation, and in September a group of respected academics went on the record endorsing that outrageous idea...
 
In October the NC State Bar and LegalZoom, Inc. announced a settlement in their long-running dispute over the latter's online, self-help, legal document service. As Ben Barton describes it at Bloomberg's Big Law Business blog, the terms of that settlement constitute a win for LegalZoom and its...
In October the NC State Bar and LegalZoom, Inc. announced a settlement in their long-running dispute over the latter's online, self-help, legal document service. As Ben Barton describes it at Bloomberg's Big Law Business blog, the terms of that settlement constitute a win for LegalZoom and its...
 
In the last two years, academics and scholars of public policy have identified North Carolina as a state with an overly complex criminal code that can ensnare small businesses, farmers, and individuals who unknowingly fail to comply with regulatory rules. In 2014, Professor Jeff Welty of the...
In the last two years, academics and scholars of public policy have identified North Carolina as a state with an overly complex criminal code that can ensnare small businesses, farmers, and individuals who unknowingly fail to comply with regulatory rules. In 2014, Professor Jeff Welty of the...
 
Last week's horrific terrorist attack in Paris seems to be causing changes in the way policymakers think about the rise of the Islamic State in Iraq and Syria, and, one way or another, those changes are likely to have an impact here in North Carolina.
Last week's horrific terrorist attack in Paris seems to be causing changes in the way policymakers think about the rise of the Islamic State in Iraq and Syria, and, one way or another, those changes are likely to have an impact here in North Carolina.
 
Last Friday the John Locke Foundation filed a brief in support of the plaintiffs in Kirby v. NCDOT, a case that is currently before the NC Supreme Court. We filed as amicus curiae ("a friend of the court") because we wanted to bring certain facts and arguments to the Court's attention.
Last Friday the John Locke Foundation filed a brief in support of the plaintiffs in Kirby v. NCDOT, a case that is currently before the NC Supreme Court. We filed as amicus curiae ("a friend of the court") because we wanted to bring certain facts and arguments to the Court's attention.
 
The John Locke Foundation has a long-standing interest in the Map Act, which we have criticized for being "inefficient, unfair, and unnecessary." We have repeatedly urged the General Assembly to repeal or reform it. We have also taken a keen interest in Kirby v. NCDOT and in the legal and...
The John Locke Foundation has a long-standing interest in the Map Act, which we have criticized for being "inefficient, unfair, and unnecessary." We have repeatedly urged the General Assembly to repeal or reform it. We have also taken a keen interest in Kirby v. NCDOT and in the legal and...
 
The Sentencing Reform and Corrections Act of 2015 was introduced this month by a bi-partisan group of US Senators that includes Chuck Grassley (R-IA), Richard Durbin (D-IL), Mike Lee (R-UT), John Cornyn (R-TX), Sheldon Whitehouse (D-RI), Lindsey Graham (R-SC), Chuck Schumer (D-NY), Patrick Leahy...
The Sentencing Reform and Corrections Act of 2015 was introduced this month by a bi-partisan group of US Senators that includes Chuck Grassley (R-IA), Richard Durbin (D-IL), Mike Lee (R-UT), John Cornyn (R-TX), Sheldon Whitehouse (D-RI), Lindsey Graham (R-SC), Chuck Schumer (D-NY), Patrick Leahy...
 
Republican presidential candidate Ben Carson and his wife Candy have just published a new book called A More Perfect Union: What We the People Can Do to Reclaim Our Constitutional Liberties. To illustrate the purpose and importance of the 2nd Amendment, they use a historical example...
Republican presidential candidate Ben Carson and his wife Candy have just published a new book called A More Perfect Union: What We the People Can Do to Reclaim Our Constitutional Liberties. To illustrate the purpose and importance of the 2nd Amendment, they use a historical example...
 
In his response to the recent shootings at Umpqua Community College, President Obama made an impassioned plea for more gun control...
In his response to the recent shootings at Umpqua Community College, President Obama made an impassioned plea for more gun control...
 
One of the many things I like about North Carolina is a provision in the NC General Statutes that forbids collective bargaining by public employees. Thanks to that law, North Carolina public employee unions are, politically, relatively weak. In states without such laws, on the other hand, public...
One of the many things I like about North Carolina is a provision in the NC General Statutes that forbids collective bargaining by public employees. Thanks to that law, North Carolina public employee unions are, politically, relatively weak. In states without such laws, on the other hand, public...
 
Back in June I discussed Sen. Sheldon Whitehouse's disturbing suggestion that energy companies that raise doubts about the Administration's response to climate change should be prosecuted under federal racketeering law. At the time it seemed like a farfetched proposal and a clear violation of the...
Back in June I discussed Sen. Sheldon Whitehouse's disturbing suggestion that energy companies that raise doubts about the Administration's response to climate change should be prosecuted under federal racketeering law. At the time it seemed like a farfetched proposal and a clear violation of the...
 
Last week the New York Times ran a disgraceful hit piece under the headline: "Clarence Thomas, a Supreme Court Justice of Few Words, Some Not His Own." The headline and the article itself are clearly designed to create the impression that Thomas is not only lazy but possibly a plagiarist as well...
Last week the New York Times ran a disgraceful hit piece under the headline: "Clarence Thomas, a Supreme Court Justice of Few Words, Some Not His Own." The headline and the article itself are clearly designed to create the impression that Thomas is not only lazy but possibly a plagiarist as well...
 
Two weeks ago, I listed some actions by California State Attorney General Kamala Harris that had brought her notoriety, but I ran out of space before I could list them all. One of the actions I omitted pertains to the case of Friedrichs v. California Teachers Association. As I explained last week...
Two weeks ago, I listed some actions by California State Attorney General Kamala Harris that had brought her notoriety, but I ran out of space before I could list them all. One of the actions I omitted pertains to the case of Friedrichs v. California Teachers Association. As I explained last week...
 
California Attorney General Kamala Harris has attracted a lot of media attention, and not just because, as the President says, "She...happens to be, by far, the best looking attorney general in the country." When she was still District Attorney in San Francisco, Harris made headlines by...
California Attorney General Kamala Harris has attracted a lot of media attention, and not just because, as the President says, "She...happens to be, by far, the best looking attorney general in the country." When she was still District Attorney in San Francisco, Harris made headlines by...
 
In June, the US Supreme Court struck down a provision of the Los Angeles Municipal Code. The Court held that, under the Fourth Amendment's prohibition of unreasonable searches and seizures, "The provision of the Los Angeles Municipal Code that requires hotel operators to make their registries...
In June, the US Supreme Court struck down a provision of the Los Angeles Municipal Code. The Court held that, under the Fourth Amendment's prohibition of unreasonable searches and seizures, "The provision of the Los Angeles Municipal Code that requires hotel operators to make their registries...
 
I've written before, more than once, about how lucky I feel to live in North Carolina. A striking juxtaposition in this week's news illustrates part of the reason why.
I've written before, more than once, about how lucky I feel to live in North Carolina. A striking juxtaposition in this week's news illustrates part of the reason why.
 
John Cochrane (AKA "The Grumpy Economist") has posted a long meditation entitled "Rule of Law and the Regulatory State" in which he makes a very important...
John Cochrane (AKA "The Grumpy Economist") has posted a long meditation entitled "Rule of Law and the Regulatory State" in which he makes a very important...
 
There have been some significant recent developments in two lawsuits involving the separation of powers, both of which were filed in Wake County Superior Court last November.
There have been some significant recent developments in two lawsuits involving the separation of powers, both of which were filed in Wake County Superior Court last November.
 
It is inefficient, unfair, unconstitutional, and unnecessary. That's the assessment of North Carolina's Map Act from Jon Guze, John Locke Foundation director of legal studies.
It is inefficient, unfair, unconstitutional, and unnecessary. That's the assessment of North Carolina's Map Act from Jon Guze, John Locke Foundation director of legal studies.
 
Last week I provided links to a succession of blog posts in which Kurt Lash and Damon Root debated the meaning of the 14th Amendment's Privileges or Immunities Clause. Some of the posts were a bit snarky, but yesterday the level of civility hit a new low when Prof. Lash suggested that, while...
Last week I provided links to a succession of blog posts in which Kurt Lash and Damon Root debated the meaning of the 14th Amendment's Privileges or Immunities Clause. Some of the posts were a bit snarky, but yesterday the level of civility hit a new low when Prof. Lash suggested that, while...
 
As readers are no doubt well aware, two weeks ago Chief Justice Roberts delivered the majority opinion in King v. Burwell. He held that, in the context of the Affordable Care Act, the phrase, "An Exchange established by the State," should be interpreted to...
As readers are no doubt well aware, two weeks ago Chief Justice Roberts delivered the majority opinion in King v. Burwell. He held that, in the context of the Affordable Care Act, the phrase, "An Exchange established by the State," should be interpreted to...
 
Over the course of the last two weeks, conservative legal scholar Kurt Lash and libertarian legal scholar Damon Root have treated readers to a lively online debate about how best to interpret Section 1 of the 14th Amendment, which reads...
Over the course of the last two weeks, conservative legal scholar Kurt Lash and libertarian legal scholar Damon Root have treated readers to a lively online debate about how best to interpret Section 1 of the 14th Amendment, which reads...
 
In a recent piece in the New York Times, University of Chicago law professor Tom Ginsburg urges us to "Stop Revering Magna Carta." Ginsburg tries to persuade us that our reverence is misplaced by pointing out that Magna Carta was neither "the first document of its type" nor "a ringing endorsement of
In a recent piece in the New York Times, University of Chicago law professor Tom Ginsburg urges us to "Stop Revering Magna Carta." Ginsburg tries to persuade us that our reverence is misplaced by pointing out that Magna Carta was neither "the first document of its type" nor "a ringing endorsement of
 
The U.S. Supreme Court today vacated a 4th U.S. Circuit Court of Appeals judgment that had allowed the city of Norfolk, Va. to suppress a banner protesting the government's illegal attempt to seize private property by eminent domain....
The U.S. Supreme Court today vacated a 4th U.S. Circuit Court of Appeals judgment that had allowed the city of Norfolk, Va. to suppress a banner protesting the government's illegal attempt to seize private property by eminent domain....
 
A new report from FeedomWorks gives North Carolina's asset forfeiture program an A-, the second highest score in the country. In explaining North Carolina's high score, the report cites two factors: (1) "The government can only forfeit property if the owner has been convicted of a crime;" and...
A new report from FeedomWorks gives North Carolina's asset forfeiture program an A-, the second highest score in the country. In explaining North Carolina's high score, the report cites two factors: (1) "The government can only forfeit property if the owner has been convicted of a crime;" and...
 
I noted in last week's newsletter that the American left has abandoned its traditional support for free expression and now seems intent on criminalizing politically incorrect speech. One notable manifestation of this change is a growing consensus that "hate speech" ought to be subject to criminal...
I noted in last week's newsletter that the American left has abandoned its traditional support for free expression and now seems intent on criminalizing politically incorrect speech. One notable manifestation of this change is a growing consensus that "hate speech" ought to be subject to criminal...
 
Full-scale repeal offers the only solution for N.C. legislators to fix all problems tied to the state's Map Act. That's the conclusion of a new John Locke Foundation Spotlight report.
Full-scale repeal offers the only solution for N.C. legislators to fix all problems tied to the state's Map Act. That's the conclusion of a new John Locke Foundation Spotlight report.
 
At cato.org, Walter Olson has posted an interesting discussion of how politicians are increasingly inclined to criminalize politically incorrect speech...
At cato.org, Walter Olson has posted an interesting discussion of how politicians are increasingly inclined to criminalize politically incorrect speech...
 
Legal scholar John McGinnis has written an interesting review of a play that explores the psychological roots of Antonin Scalia's approach to Constitutional interpretation. McGinnis begins by acknowledging that...
Legal scholar John McGinnis has written an interesting review of a play that explores the psychological roots of Antonin Scalia's approach to Constitutional interpretation. McGinnis begins by acknowledging that...
 
If sportswriter Sally Jenkins has her facts right, the NFL's handling of the allegations about underinflated AFC Championship game balls seems to have fallen short of even the most rudimentary standards of justice...
If sportswriter Sally Jenkins has her facts right, the NFL's handling of the allegations about underinflated AFC Championship game balls seems to have fallen short of even the most rudimentary standards of justice...
 
In the first newsletter I wrote for the John Locke Foundation, I welcomed Eric Holder's announcement that the Department of Justice - the country's top law enforcement agency - would be reigning in its out-of-control and abusive civil asset forfeiture program. Unfortunately, as George Leef...
In the first newsletter I wrote for the John Locke Foundation, I welcomed Eric Holder's announcement that the Department of Justice - the country's top law enforcement agency - would be reigning in its out-of-control and abusive civil asset forfeiture program. Unfortunately, as George Leef...
 
In March, the President's Task Force on 21st Century Policing released an interim report that recommends expanding the federal government's already considerable role in the affairs of local police forces. Last week, in response to a question about the Baltimore riots, the President touted that...
In March, the President's Task Force on 21st Century Policing released an interim report that recommends expanding the federal government's already considerable role in the affairs of local police forces. Last week, in response to a question about the Baltimore riots, the President touted that...
 
Last week the NC House voted unanimously to approve a bill (HB 183) that would repeal in its entirety a contentious piece of legislation known as the Map Act. As I explained in a previous newsletter, when the General Assembly passed the Map Act in 1987 its declared purpose was...
Last week the NC House voted unanimously to approve a bill (HB 183) that would repeal in its entirety a contentious piece of legislation known as the Map Act. As I explained in a previous newsletter, when the General Assembly passed the Map Act in 1987 its declared purpose was...
 
And to kick off the celebrations, over at the Liberty and Law blog Justin Lyons has posted an interesting discussion of Winston Churchill's views on the Great Charter and its role in British and American history. Lyons illustrates his discussion with many stirring quotations from Churchill's...
And to kick off the celebrations, over at the Liberty and Law blog Justin Lyons has posted an interesting discussion of Winston Churchill's views on the Great Charter and its role in British and American history. Lyons illustrates his discussion with many stirring quotations from Churchill's...
 
Despite being upheld by the US Supreme Court in 2005 as a legitimate exercise of eminent domain, the decision by the City of New London, CT, to take some of its citizens' homes and give the land on which they stood to a private developer was a source of widespread outrage at the time...
Despite being upheld by the US Supreme Court in 2005 as a legitimate exercise of eminent domain, the decision by the City of New London, CT, to take some of its citizens' homes and give the land on which they stood to a private developer was a source of widespread outrage at the time...
 
As I have previously explained, civil asset forfeiture is an obnoxious legal process that empowers law enforcement agencies to confiscate property they suspect has been used in, or derived from, criminal activity. Part of what makes this process so abhorrent is the fact that, because it is a...
As I have previously explained, civil asset forfeiture is an obnoxious legal process that empowers law enforcement agencies to confiscate property they suspect has been used in, or derived from, criminal activity. Part of what makes this process so abhorrent is the fact that, because it is a...
 
Earlier this month the Department of Justice finally released a report summarizing its investigation of the Ferguson, Missouri Police Department. Some have denounced the report as little more than irresponsible race baiting. Others have praised it as a much needed expose of a rogue agency...
Earlier this month the Department of Justice finally released a report summarizing its investigation of the Ferguson, Missouri Police Department. Some have denounced the report as little more than irresponsible race baiting. Others have praised it as a much needed expose of a rogue agency...
 
A couple of weeks ago I discussed an excellent NC Court of Appeals decision in which the Court held that development moratoria imposed under the Map Act constitute takings for which just compensation must be paid. Today I'm happy to report that the General Assembly is already responding to that hold
A couple of weeks ago I discussed an excellent NC Court of Appeals decision in which the Court held that development moratoria imposed under the Map Act constitute takings for which just compensation must be paid. Today I'm happy to report that the General Assembly is already responding to that hold
 
During the progressive era, federal antitrust enforcement agencies were known as "trustbusters." They were usually depicted as righteous warriors courageously fighting to rescue helpless ordinary citizens from the machinations of rich and powerful monopolists. In reality, federal trust busting...
During the progressive era, federal antitrust enforcement agencies were known as "trustbusters." They were usually depicted as righteous warriors courageously fighting to rescue helpless ordinary citizens from the machinations of rich and powerful monopolists. In reality, federal trust busting...
 
My colleague Jon Sanders has already commented on last week's Supreme Court decision in North Carolina State Board of Dental Examiners v. Federal Trade Commission. As Jon suggests, this is a good result in many ways — the bad guys lost, and the good guys will eventually benefit. It is...
My colleague Jon Sanders has already commented on last week's Supreme Court decision in North Carolina State Board of Dental Examiners v. Federal Trade Commission. As Jon suggests, this is a good result in many ways — the bad guys lost, and the good guys will eventually benefit. It is...
 
On Tuesday the N.C. Court of Appeals handed down a ruling that strikes at the heart of a controversial piece of legislation known as the Map Act. Here at the John Locke Foundation, we have been urging the General Assembly to repeal or reform the Map Act for some time. Now, however, thanks to...
On Tuesday the N.C. Court of Appeals handed down a ruling that strikes at the heart of a controversial piece of legislation known as the Map Act. Here at the John Locke Foundation, we have been urging the General Assembly to repeal or reform the Map Act for some time. Now, however, thanks to...
 
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