More background on the Wilkie v. Robbins case, argued yesterday.
The Jackson Hole (WY) Star Tribune posts more details about the landowner Harvey Frank Robbins in this story, and sums up the issue before the Court:
Among other considerations, the high courtwill have to decide whether the 5th Amendment, like the 1st and the4th, …
While there was much more attention devoted to today’s argument in the school free speech case, another appeal argued today — Wilkie v. Robbins — deserves some light since it addresses a core constitutional issue: can the government retailiate against a property owner for refusing to surrender a Fifth Amendment right?
Whether “BONG…
The transcript to today’s oral arguments in the Wilkie v. Robbins case is posted here. More to follow after a chance to digest it.
SCOTUSblog has posted a detailed summary of the facts and issues in Wilkie v. Robbins, the case being argued on Monday about government’s RICO immunity, the “right to exclude,” and whether government officials may be held liable when they retaliate against a landowner who refuses to give up his property rights.
That’s one of the three questions the US Supreme Court will consider on Monday, March 19 2007, when it hears arguments in Wilkie v. Robbins.
The case involves a Wyoming rancher who sued officials of the federal Bureau of Land Management, claiming they began “a campaign of harassment and coercion designed to force [him]…
Recently, I was a guest on Jay Fidell’s ThinkTech program on Hawaii Public Radio, talking about legal issues that may arise when legislation is targeted at specific individuals or companies (what I refer to as “single victim legislation”).
The issue raised its head when the Hawaii Legislature seemed ready to consider a proposal requiring one…
The Hawaii Supreme Court recently issued an opinion clarifying when a plaintiff may enforce a statute or ordinance by seeking a declaratory judgment. Rees v. Carlisle(No. 26998, Mar. 12, 2007) considered the question of whether the Honolulu City Prosecutor mayuse public funds to advocate passage of an amendment to the HawaiiConstitution.
The case had…
Hawaii Public Radio, KIPO FM 89.3, has posted the podcast of my commentary during Jay Fidell’s program on potential constitutional problems with legislation targeting specific individuals or companies.
Click here for the streaming media, or here to download the 54MB mp3. My comments begin at the 19:10 mark.
Ninth Circuit holds in San Francisco Baykeeper v. Cargill Salt Division (Nos. 04-17554, 05-15-51, Mar. 8, 2007):
We conclude that the district court improperly expanded the regulatory definition of “waters of the United States” when it held that bodies of water that are adjacent to navigable waters are subject to the CWA [federal Clean Water…
Nollan/Dolan meet Don Corleone. The Maui News reports on a homegrown version of the Wilkie v. Robbins issue, the case set for argument in the US Supreme Court on March 19, 2007. The issue is whether government officials can be sued under federal “RICO” anti-racketeering laws. Wlkie involves the federal Bureau…
