In 1994, at the dawn of mass public use of the internet, I wrote an article for the Journal of Legal Education about the benefits and dangers of using technology as a pedagogical crutch in law schools: “Hey, Did You Get My E-Mail?” Reflections of a Retro-Grouch in the Computer Age of Legal Education
November 2008
Overrule Williamson County
On November 25, 2008, the Supreme Court will consider whether to review the Sixth Circuit’s decision in Braun v. Ann Arbor Charter Township, 519 F.3d 564 (6th Cir. 2008), a decision we analyzed here. The petition expressly asks the Court to overrule Williamson County. We’ve detailed the kafkaesque nature of the Williamson…
Ninth Circuit Coming to Honolulu Nov. 17 – 21
By Robert H. Thomas on
Posted in Appellate law
A panel of the U.S. Court of Appeals for the Ninth Circuit is riding circuit to Honolulu next week to hear oral arguments. The arguments will be held in the sixth floor courtroom at 1132 Bishop Street each day but Wednesday. On Wednesday, November 19, the court will be hearing arguments in the moot courtroom…
Navy Sonar Case Round-up
By Robert H. Thomas on
Posted in Appellate law, Environmental law
Yesterday’s Supreme Court decision in Winter v. Natural Resources Defense Council, Inc.,No. 07-1239 has generated a fair amount of media and blog coverage, both nationally and in Hawaii. Why does a land use law blog care about a case involving the Navy’s use of sonar in training exercises off the California coast? First, as…
Decision in Navy Sonar Case
By Robert H. Thomas on
Posted in Appellate law, Environmental law
The U.S. Supreme Court issued a ruling today in Winter v. Natural Resources Defense Council, Inc.,No. 07-1239, the case about the Navy’s use of mid-frequency active sonar in training exercises off the California coast. The Court vacated the injunction the California district court imposed:
The preliminary injunction is vacated to the extent challenged by…
New Blog on State and Municipal Government and Land Use Law
By Robert H. Thomas on
Posted in Administrative law, Land use law
So much of “land use” and eminent domain law also involves the law of state, local, and municipal government. Thus, its good to see the folks at the International Municipal Lawyers Association have started blogging. Check out IMLA’s Local Government Blog and subscribe to the RSS feed. Of special note are the posts on…
Two New Categories: Equal Protection, 42 U.S.C. § 1983/Civil Rights
By Robert H. Thomas on
Posted in Land use law
Administrative note: I’ve added two new categories for indexing posts:
Equal protection comes up often in land use litigation when the government discriminates against a person for belonging to a protected class, and when a landowner asserts she was singled out for different treatment than others…
Pleading Class of One Equal Protection Land Use Claims
By Robert H. Thomas on
The most easily recognizable equal protection claim is one in which the plaintiff claims membership in a protected group, and some form of discrimination against the class. Another type of equal protection claim is the “class of one” claim under Village of Willowbrook v. Olech, 528 U.S. 562 (2000) (per curiam), where the Court…
Clearing Up Myths About Hawaii Eminent Domain Law
By Robert H. Thomas on
Posted in Uncategorized
In reviewing some of the comments posted on the Honolulu Advertiser’s November 1 report “Rail study doesn’t list all affected properties,”it seems several of the commenters have fairly severe misconceptionsabout how eminent domain law works in Hawaii. Let’s clear some up somemyths.
- Myth #1: The city will offer a “premium” to property ownerswhose
…
Clearing Up Myths About Hawaii Eminent Domain Law and the Rail
By Robert H. Thomas on
In reviewing some of the comments posted on the Honolulu Advertiser’s November 1 report “Rail study doesn’t list all affected properties,” it seems several of the commenters have fairly severe misconceptions about how eminent domain law works in Hawaii. Let’s clear some up some myths.
- Myth #1: The city will offer a “premium”
…