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February 04, 2008

Justice Breyer on Judicial Independence

My colleague Mark Murakami has posted a summary of a recent speech by US Supreme Court Associate Justice Stephen Breyer on hawaiioceanlaw.com:

So, what is judicial independence?  He said that every judge knows what it means, some lawyers do, and, for the most part, most people in the public had no idea.  So, is there a problem with judicial independence, he asked.

He thought there was.  The signs of a problem: 1) elected judges being forced to raise campaign funds to be re-elected; 2) state initiatives to punish judges for their decisions (citing South Dakota and Colorado); and 3) a disturbing trend in public opinion polls suggesting that more Americans believe judges make decisions, not based on what the law says, but what they personally want to do.

Read his entire post here.

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  • devoted to recent developments and commentary on regulatory takings, eminent domain, inverse condemnation, property rights, and Hawaii land use law

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  • All upcoming and past seminars, conferences, and events here

    July 30 - August 2, 2009


    I'll be attending the State & Local Government Law Section meeting at the ABA Annual Meeting in Chicago.

    September 16, 2009


    I'm on the faculty of Practical Guide to Zoning and Land Use Law, an annual program dealing with zoning approvals, constitutional limitations on land use regulations, and administrative procedure. I will be leading sessions on "Appealing an Administrative Zoning Decision" and "Current Case Law and Legislative Update." More information here.

    May 14, 2009


    Along with my Damon Key colleague Christi-Anne Kudo Chock, I was on the faculty of Integrating Water Law and Land Use Planning in Hawaii in Honolulu. Materials and links from my session on "Water Rights, Property Rights, and the Law of Settled Expectations" here

    April 1-2 2009


    As part of its mid-year meeting, the ABA State and Local Government Section sponsored two teleconferences on eminent domain and land use. In the first, Condemnation Hot Topics, I discussed recent decisions about public use and pretext. Links from that discussion are posted here. In the second, Hot Topics in Land Use Law, I went into further detail on the public use issue; links from that discussion are posted here.

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