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Opportunity in a Pandemic: Ending the Eviction Cycle by Constitutionally Providing for Inclusionary Zoning with State-Enacted Land-Use Regulations
Full text linkEvictions invite instability into every aspect of daily life. Children are uprooted from schools because their parents are no longer able to rent a home in the school district. Parents are fired from jobs because they take days off to find patchwork solutions to avoid homelessness. COVID-19 forced the public to become aware of many social issues, including the harsh reality of evictions. With the end of the pandemic is in sight, the impact of evictions cannot be forgotten. Action must be taken to ensure stable housing for generations to come. Broadening a state’s general zoning power to explicitly include affordable housing is the proper solution. This Comment explores the legal history of inclusionary zoning and provides model language to local governments for the constitutional implementation of such policies that ensure private developers receive a reciprocal benefit for their role in providing affordable housing. Constitutionally providing for inclusionary zoning is an important step towards ending the eviction cycle in many states, especially in North Carolina
With Great Power Comes Great Accountability: A New Method for Applying Qualified Immunity and Rebuilding Public Trust
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One Hundred & Thirty-Fifth Spring Commencement (2021)
Full text linkhttps://scholarship.law.campbell.edu/commencement/1098/thumbnail.jp
Protecting the Home: Castle Doctrine in North Carolina
Full text linkThe idea that a person’s home is her castle dates back to at least the seventeenth century in England. This idea can be seen today in a plethora of places throughout American Law, including Fourth Amendment jurisprudence. Part of North Carolina’s self-defense law has been deemed a “castle doctrine,” yet courts have applied its protections inconsistently at best. As it now stands, the North Carolina castle doctrine does not truly afford a homeowner the ability to defend her home from an unlawful intruder. A potential criminal prosecution is the last thing that a homeowner should have to worry about when defending her home from an invasion. This Comment explores the history of the castle doctrine in general, in North Carolina, and in Florida, and offers solutions in the form of amendments to North Carolina General Statutes sections 14-51.2 and 14-51.3
COVID-19, Health Justice, and the Privilege of Space: A New Critical Intersectional Framework for Creating a Prescription for Equal Well-Being and Applied to Addressing Health of Children Residing in Psychiatric Institutions
Full text linkOur nation - founded on life, liberty, and the pursuit of happiness - is a year into the COVID-19 pandemic. The pandemic has revealed the gap between what we are as a society and that which we long to be. A new critical intersectional legal framework, guided by Dr. Martin Luther King Jr.’s vision of The Beloved Community, will allow legal scholars and policymakers to reframe health equality and health justice toward a more perfect union. By combining the philosophical rigor of dialectical thinking, critical theory, and intersectional analysis, analysts can meet this moment and create new legal frameworks to correct social injustice. Analysts can build a just society based on equality to address the disproportionate sickness, disability, and death of America’s historically oppressed peoples. With the goal of addressing oppression across multiple axes of identity at once, and in the spirit of Dr. King’s appropriation of eclectic theologies and philosophies, this Article proposes a new Critical Intersectional Legal Analysis that develops critical social theory by bringing an intersectional analysis to the principles of dialectical thought and indeterminacy. This Article’s framework will analyze power structures as they exist and work together through the power of the state to class, race, and disable people moment to moment. Finally, this Article’s framework is reconstructive through self-reflexive application of theory through praxis. This Article will apply that new framework to a specific condition of oppression - the privilege of space as it relates to the risks of viral transmission, infection, and disease during the current coronavirus pandemic for children in psychiatric institutional settings in North Carolina and the Southeast
