JLF Research Archive

Law & Regulation

Showing items 1 to 25 of 52

(5.05.16) Legal Update: North Carolina Has Always Been a Leader When It Comes to Asset Forfeiture, but That Doesn’t Mean We Have Nothing to Learn

North Carolina Has Always Been a Leader When It Comes to Asset Forfeiture, but That Doesn’t Mean We Have Nothing to Learn


(5.04.16) Economics & Environment Update: Target exercises right it didn’t have under Charlotte Law

Target exercises right it didn’t have under Charlotte Law


(4.29.16) Cutting red tape would overwhelm any Bathroom Bill impacts

Cutting red tape would overwhelm any Bathroom Bill impacts


(4.22.16) Legal Update: Has the Obama Administration Admitted Defeat in Its Latest Fight over the Contraceptive Mandate?

Has the Obama Administration Admitted Defeat in Its Latest Fight over the Contraceptive Mandate?


(4.14.16) Rights & Regulations Update: The Chamber seeks part-time temp help making a mockery of economics

The Chamber seeks part-time temp help making a mockery of economics


(4.13.16) Legal Update: Supreme Court Declines to Clarify Its “One Person, One Vote” Doctrine

Supreme Court Declines to Clarify Its “One Person, One Vote” Doctrine


(4.08.16) Rights & Regulations Update: The News & Observer's cruel plan for the poor

The News & Observer's cruel plan for the poor


(4.05.16) Health Care Update: North Carolina’s Certificate Of Need Law -- Diagnosing Dysfunction

North Carolina’s Certificate Of Need Law: Diagnosing Dysfunction


(4.04.16) Legal Update: The Criminalization of Speech, Continued

The Criminalization of Speech, Continued


(4.01.16) Rights & Regulations Update: What to bear in mind when discussing occupational licensing reform

What to bear in mind when discussing occupational licensing reform


(3.31.16) Legal Update: Missing Him (Justice Scalia) Already

Missing Him (Justice Scalia) Already


(3.24.16) Rights & Regulations Update: Draft bill would herald more labor freedom in North Carolina

Draft bill would herald more labor freedom in North Carolina


(3.23.16) Legal Update: “Sixth Circuit Loses Patience with the IRS”

“Sixth Circuit Loses Patience with the IRS”


(11.20.15) Model Resolution on Regulatory Overcriminalization

Model Resolution on Regulatory Overcriminalization


(11.20.15) Introduction Letter - NC Overcriminaization Task Force

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 UNC-Chapel Hill School of Government published an article
in the North Carolina Law Review, “Overcriminalization in North Carolina”; and James Copland and Isaac Gorodetski,
directors respectively of the Center for Legal Policy and the Center for State and Local Leadership at the Manhattan
Institute for Policy Research, published a primer, “Overcriminalizing the Old North State.”


(11.06.15) Reining In Regulation

This paper therefore proposes a state-based REINS Act as a key sunrise provision to prevent adding unnecessary and harmful regulations to the state’s regulatory burden. It describes aspects of a REINS Act for North Carolina.


(11.06.15) The Regulatory Burden in North Carolina: What Are the Costs?

This report is an attempt to identify the scope and cost of regulations in the state of North Carolina. The state’s record is mixed in terms of regulatory burden. One prominent index ranks North Carolina fifth in the nation when it comes to business friendliness. In contrast, the John Locke Foundation’s “First in Freedom Index” ranks North Carolina 36th in “regulatory freedom.”


(6.03.15) The Case Against CON: A law that prevents health care innovation

What the healthcare industry needs is a strong dose of disruptive innovation — relaxing regulations that will increase provider competition, force downward pressure on costs, and enhance patient choice. CON ultimately picks who gets to compete within the health care sector. Reforming the law will by no means untangle the complexities of health care, but state lawmakers should capitalize on an opportunity to make one of the most highly regulated industries a little less heavy on the red tape and a little more patient friendly.


(4.09.15) Voluntary Certification: An economically robust, freedom-minded reform of occupational licensing

A transition away from licensure and into voluntary private certification would inject freedom and choice into the market for service professionals and into the labor market. It would pay dividends in terms of job creation particularly in low-income neighborhoods.


(7.10.14) North Carolina’s E-Cigarette Tax: Where bad tax policy meets special interest politics

North Carolina passed a law during the 2014 legislative session taxing the liquid used in electronic cigarettes at an additional 5 cents per milliliter. This tax will hurt small businesses and violates the most important principle of good tax policy—neutrality. The North Carolina General Assembly should repeal the electronic cigarette tax.


(6.02.14) Agenda 2014: A Candidate's Guide to Key Issues in North Carolina Public Policy

Every two years since 1996, coinciding with North Carolina's races for the General Assembly, the John Locke Foundation has published a revised edition of Agenda, our public policy guide for candidates and voters. Typically as we enter the campaign season, candidates for public office in North Carolina are faced with a daunting task: to develop informed positions on dozens of public policy issues. In the pages of Agenda 2014 we provide a concise and easily digestible guide covering a wide range of specific issues, from taxes and spending to energy policy and education.


(7.17.13) Improving Juvenile Justice: Finding More Effective Options for North Carolina’s Young Offenders

Methods to improve the juvenile justice system in North Carolina include adjusting the age of juvenile court jurisdiction and creating a system of blended sentencing. Adult court jurisdiction results in poor rehabilitation of juveniles and higher victimization rates amongst minors. Any apparent savings from keeping 16-17 year olds in the adult system are are ultimately overwhelmed by the costs associated with higher rates of recidivism and revocations.


(6.05.13) Not Written in Stone: How sunset laws can improve North Carolina’s regulatory climate

Overregulation is a well-recognized problem by members of both political parties and imposes significant costs on the economy through deadweight loss. A stronger form of periodic review, sunsetting is having government regulations, programs, and agencies conclude after a set period of time unless positive action is taken by the government to reauthorize them.


(3.26.13) N.C.’s Auto Insurance System Seven Things to Understand

North Carolina's automotive insurance system delivers a good deal for insurers, but not for drivers. The overregulated system makes guarantees a profit for insurers, raises rates for good drivers, and pushes more than a fifth of NC drivers into residual markets.


(3.12.13) Take the REINS: How to return law-making authority to elected, accountable legislators

North Carolina has over 22,500 permanent administrative rules, which carry the full force of law but are not passed by legislators. The General Assembly should return major legislative authority to elected, accountable representatives of the people.


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