Law & Public Safety
For state laws banning “assault weapons,” the writing’s on the wall!
So called “assault weapons,” i.e., Colt AR-15s and similar lightweight semi-automatic rifles, have long been the target of gun control legislation. As I have explained, the United States Supreme Court’s 2008 decision in …
Final thoughts on the birthright citizenship debate
In a research brief published soon after President Trump signed his executive order denying birthright citizenship to the children of illegal aliens and temporary visitors, I made a prediction: D]espite the imaginative…
The trouble with rational basis review, part three
As currently practiced in North Carolina, tiers-of-scrutiny doctrine requires courts to distinguish between fundamental rights and economic rights That distinction doesn’t work, because the North Carolina State Constitution…
Fake legal citations didn’t start with AI
The legal news these days is full of stories about lawyers and law firms being fined or sanctioned for submitting documents with fake legal citations generated by AI. In “How a Fake Citation Led Courts to Uphold ‘Sensitive…
The trouble with rational basis review, part two
Starting soon after Independence, and continuing for a century and a half thereafter, America’s courts recognized that they had a duty to review and invalidate unconstitutional acts by the other branches of government The…
Still more on birthright citizenship
As I explained a year ago, the constitutionality of President Trump’s executive order denying birthright citizenship to the children of illegal aliens and temporary visitors turns on the meaning of five words in the…
Kansas shows the way on judicial deference reform
The right to a fair trial before an impartial tribunal is one of the oldest and most fundamental principles of natural justice. That’s why, in addition to carrying a pair of scales, Justice is usually depicted wearing a…
The US Supreme Court will review Trump’s birthright citizenship order
The court made the announcement yesterday. Interested readers may want to consult my “guide to the birthright citizenship debate.” Here’s an excerpt: Prof. Yoo makes what many will regard as a persuasive argument for its…
A preview of Locke’s new report about crime and policing in North Carolina
The report is called “More cops, less crime: how intensive community policing can solve North Carolina’s crime problem.” It makes four points. First, crime continues to be a problem in North Carolina. Second, the burden of…
NC Supreme Court affirms North Carolinians’ right to a fair trial
It is an ancient principle of natural justice that courts must interpret the meaning of laws and regulations in an independent and unbiased manner. That’s why, in addition to carrying a pair of scales, Justice is usually…
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