Opinion

Standing and the NC Supreme Court: Rediscovering our legal heritage

Standing is probably one of the most disliked doctrines in American law. Basically, it requires private plaintiffs in federal court (most state courts, including in NC, have similar rules) to show that they have been individually harmed by an action before they can sue to stop it. Since it is a procedural limit, standing often...

Maclain Conlin
Opinion

North Carolina’s unique natural-law tradition

For the past three years, the conservative legal movement in America has been split by a debate over natural law. Basically, there are two schools of thought. The first, called positivism, is embodied by the late Justice Antonin Scalia, who believed that judges should be bound by the text of the law as enacted by...

Maclain Conlin
Opinion

Why we don’t ‘wait for the facts’

This weekend, someone shot out two electrical substations in Moore County, leaving more than 40,000 of our fellow North Carolinians without power in the cold of December. Somewhere else in the county that night, there was set to be a controversial drag show. Was the attack on the power supply due to the drag show?...

David Larson

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News

N.C. Supreme Court races could reshape the state for years to come

With just weeks to go until the November midterm elections, both major political parties have their eyes on the North Carolina Supreme Court, where control of the court is up for grabs. Two seats are on the ballot. If Republicans win even one, the balance of the court shifts from left-leaning to right-leaning.

Donna King
News

Scholar: The fight against CRT is one of national survival

Cornell Law School professor William A. Jacobson shared his experience at Harvard Law School in the early 1980s when the push to begin identifying people “by ethnic and racial groups as opposed to individual” began to take shape. The more politically moderate students graduated and went into business law, Jacobson noted, while the more radical students who studied critical legal theory went into academia.

David N. Bass
Opinion

Will there be a second coming of Donald Trump?

The recent American election in November 2020 may have put a new president in the White House, but there was little settled on the political and social landscape. Approximately 79 million people voted for Donald Trump. However, a majority of Republican voters believed the election contained irregularities. This included things such as fraud related to...

Ben Goodman
News

A.G.’s top deputy supported legislative slush funds

N.C. Attorney General Josh Stein’s selection for chief deputy attorney general wrote a legal memo supporting “contingency funds” that were outside legislative oversight in an opinion that seemed to be at odds with his boss at the time, Roy Cooper, who now is North Carolina’s governor. More than a decade ago, Grayson Kelley wrote an advisory...

Barry Smith
Opinion

Exploring Obama’s self-definition and our racial divide

There is no doubt Barack Obama’s election to the presidency in 2008 was a watershed in America’s racial history. A Gallup poll of the time found one-third of all Americans believed it constituted the most important advance for blacks in a century. Today, that optimism makes the developments of the past eight years all the...

Andy Taylor