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North Carolina's state constitution charts the evolution over two centuries of a modern representative democracy. In The North Carolina State Constitution, John V. Orth and Paul M. Newby provide an outstanding constitutional and historical account of the state's governing charter. In addition to an overview of North Carolina's constitutional history, it provides an in-depth, section-by-section analysis of the entire constitution, detailing the many significant changes that have been made since its initial drafting. This treatment, along with a table of cases, index, and bibliography provides an unsurpassed reference guide for students, scholars, and practitioners of North Carolina's constitution. Co-authored by Paul M. Newby, a sitting justice of the North Carolina Supreme Court, the second edition includes significant constitutional amendments adopted since the date of the first edition. Almost every article was affected by the changes. Some were minor-such as the lengthening the term of magistrates-and some were more significant, such as spelling out the rights of victims of crimes. One was obviously major: granting the governor the power to veto legislation-making North Carolina's governor the last American governor to be given that power. In addition, the North Carolina Supreme Court has continued the seemingly never-ending process of constitutional interpretation. Some judicial decisions answered fairly routine questions about the powers of office, such as the governor's clemency power. Others were politically contentious, such as deciding the constitutional constraints on legislative redistricting. And one continues to have momentous consequences for public education, recognizing the state's constitutional duty to provide every school child in North Carolina with a "sound, basic education." The Oxford Commentaries on the State Constitutions of the United States is an important series that reflects a renewed international interest in constitutional history and provides expert insight into each of the 50 state constitutions. Each volume in this innovative series contains a historical overview of the state's constitutional development, a section-by-section analysis of its current constitution, and a comprehensive guide to further research. Under the expert editorship of Professor G. Alan Tarr, Director of the Center on State Constitutional Studies at Rutgers University, this series provides essential reference tools for understanding state constitutional law. Books in the series can be purchased individually or as part of a complete set, giving readers unmatched access to these important political documents.
Examines the legal issues associated with government regulation of sexually oriented businesses. Addresses constitutional issues such as what type of sexually oriented activity can be banned entirely; zoning restrictions on the location of sexually oriented businesses--the type of restrictions most frequently used by local governments; how far the First Amendment allows local governments to go in restricting these businesses; what a local government must do to establish a proper legal foundation for its regulations; and the operational restrictions that can be imposed on sexually oriented businesses.
This Violent Empire traces the origins of American violence, racism, and paranoia to the founding moments of the new nation and the initial instability of Americans' national sense of self. Fusing cultural and political analyses to create a new form of political history, Carroll Smith-Rosenberg explores the ways the founding generation, lacking a common history, governmental infrastructures, and shared culture, solidified their national sense of self by imagining a series of "Others" (African Americans, Native Americans, women, the propertyless) whose differences from European American male founders overshadowed the differences that divided those founders. These "Others," dangerous and polluting, had to be excluded from the European American body politic. Feared, but also desired, they refused to be marginalized, incurring increasingly enraged enactments of their political and social exclusion that shaped our long history of racism, xenophobia, and sexism. Close readings of political rhetoric during the Constitutional debates reveal the genesis of this long history.
While technological threats to personal privacy have proliferated rapidly, legislation designed to protect privacy has been slow and incremental. In this study of legislative attempts to reconcile privacy and technology, Priscilla Regan examines congressional policy making in three key areas: computerized databases, wiretapping, and polygraph testing. In each case, she argues, legislation has represented an unbalanced compromise benefiting those with a vested interest in new technology over those advocating privacy protection. Legislating Privacy explores the dynamics of congressional policy formulation and traces the limited response of legislators to the concept of privacy as a fundamental individual right. According to Regan, we will need an expanded understanding of the social value of privacy if we are to achieve greater protection from emerging technologies such as Caller ID and genetic testing. Specifically, she argues that a recognition of the social importance of privacy will shift both the terms of the policy debate and the patterns of interest-group action in future congressional activity on privacy issues. Originally published in 1995. A UNC Press Enduring Edition -- UNC Press Enduring Editions use the latest in digital technology to make available again books from our distinguished backlist that were previously out of print. These editions are published unaltered from the original, and are presented in affordable paperback formats, bringing readers both historical and cultural value.
This book reviews and explains the principal public records statutes applicable to records held by North Carolina local governments and examines the public's right of access to those records. It expands the coverage of the first edition and its cumulative supplement and also includes developments in the law since 2004. Although the book focuses on records held by local governments, state government officials also will find it useful.