Law & Regulation

This Spotlight report provides useful information about the Court's work that is probably unfamiliar even to most attorneys in the state. It includes how often justices agree with each other and the reversal rate of Court of Appeals decisions.

Between 2006 and 2009, North Carolina’s graduation rate increased by 2.3 percent. At the same time, the community college remediation rate increased by 7 percent. Significant percentages of students enrolled in remedial courses suggest that the standards for high school graduation remain alarmingly low.

Buncombe County commissioners seek voter approval of a sales-tax hike, promising that the $7 million that would be raised would be given to AB Tech for a new building and renovations,. The funds would go into the county’s general fund, however and could be spent on any legal purpose.

State agencies should not be allowed to issue regulations that exceed federal requirements, and cost-benefit analysis should be required for all agencies. These two regulatory reforms should have a positive impact on the economy, but they are first and foremost about promoting good government.

Medicaid is a national problem, not just a state problem. All states are faced with the same incentive to grow their Medicaid programs because of the federal match. Unsustainable Medicaid spending is exacerbating the debt crisis at the federal level. It is paramount that state policymakers put pressure on Washington to reform Medicaid and willingly trade the open-ended federal reimbursement of state spending for freedom from federal roadblocks to make common-sense reforms to their programs.

North Carolina’s auto insurance system is unfair to low-risk drivers because it overcharges them in order to subsidize some of the state’s more risky and dangerous drivers. Every insured driver pays a hidden tax, and private insurance companies are guaranteed a profit. This report recommends reforms to improve the system.

North Carolina needs a thorough review of the number and types of courses offered in its public schools, especially during tight budget times. There is no evidence that school districts or the state has conducted an audit of the costs and outcomes or elective courses. A statewide curriculum audit would be a sound way to reduce costs and refocus our curriculum on the core skills that many of our public school students so desperately need.

There is optimism that an eminent domain amendment will pass this upcoming legislative session. This Spotlight explains how to craft the amendment carefully to best protect property owners.

North Carolina’s regulatory environment is poor, especially in comparison with other states’. Gov. Beverly Perdue signed a new executive order to modify the rulemaking process and help reduce the costs of regulation, which is a good start, but much will depend on how it is implemented in practice. For true regulatory reform, the legislature needs to build upon the executive order and apply reforms to all agencies.

There has been significant public attention and concern regarding a proposal by the North Carolina Sheriffs' Association that would allow sheriffs to have access to patients' prescription information for painkillers and controlled substances. The bigger issue is that the state already collects this information and law enforcement, specifically the State Bureau of Investigation, already has access to it. North Carolina should eliminate the database. The incredible intrusion into the lives of citizens greatly outweighs its limited, if any, benefit.