I’ve finally had a chance to read the article posted on SSRN by Professor Laurence Tribe about the Supreme Court’s decision in Wilkie v. Robbins, 127 S. Ct. 2588 (2007), “Death by a Thousand Cuts: Constitutional Wrongs without Remedies after Wilkie v. Robbins.”
The essay explores the incentives createdby Wilkie v. Robbins…
This is only tangentially related to the usual topics of this blog, but given the first sentence in the Ninth Circuit’s opinion in Guidiville Band of Pomo Indians v. NGV Gaming, Ltd., No. 05-17066 (June 26, 2008), I could not resist:
This appeal presents the single, seemingly straightforward questionwhether the word “is” really means…
In the buzz generated by the Exxon Valdez punitive damages decision and the Second Amendment ruling by the U.S. Supreme Court in the last few days of the term, little attention was paid to a very interesting decision regarding the power of Indian tribal courts to adjudicate disputes involving non-Indians.? In Plains Commerce Bank v. …
Get ready for this year’s Land Use Institute conference on “Planning, Regulation, Litigation, Eminent Domain, and Compensation,” to be held in Boston on August 13-16, 2008. I can’t attend this year, but have in the past, and like all ALI-ABA land use conferences, it looks like it will be well worth going if you can. …
In United States v. 14.02 Acres of Land, More or Less in Fresno County, No. 05-17347 (Jun. 24, 2008), the Ninth Circuit upheld a taking by the federal government for the Western Area Power Administration against challenges that the taking lacked congressional authorization and was not for public use. The most interesting part of…
Today we filed the Reply Brief (925kb pdf) in Maui Vacation Rental Association, Inc. v. County of Maui, No. 08-15251, the Ninth Circuit appeal from the Hawaii district court’s dismissal of MVRA‘s complaint which sought to declare Maui’s shut down of vacation rentals illegal.
I won’t go into the details, since the Reply…
If my office ever takes another Fifth Amendment case up to the U.S. Supreme Court (my Damon Key colleagues Charlie Bocken and Diane Hastert argued and won Kaiser Aetna v. United States, 444 U.S. 164 (1979)), we’re going to do whatever we can to avoid filing it so it gets considered on June 23. …
The US Supreme Court today denied review to three cases we’ve been following:
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In “Blogs are not just for venting anymore,” Erika Engle’s “TheBuzz” column features four Damon Key attorneys who blog about the law: Mark Murakami, Robert Harris, Tred Eyerly, and me. Our firm is pretty “bloggish,” and between the four of us, we publish three law blogs. In addition to the…
The speed of information on the internet sure is fast. I was preparing a post summarizing the recent Court of Federal Claims decision in Estate of Hage v. United States,No. 91-1470L (May 6, 2008), which awarded Nevadaproperty owners several million dollars in just compensation for the taking of theirvested water rights by the federal…
