This morning, the Supreme Court released the order with the results of last Friday’s conference, revealing the Court has declined to review Lepak v. City of Irving, No. 12-777 (petition for cert. filed Dec. 21, 2012). We’re covering this issue here because as some of you might recall, we represent the plaintiffs in a
April 2013
Arkansas Game On Remand From SCOTUS – First Briefs
As you know, the U.S. Supreme Court earlier reversed the Federal Circuit’s conclusion that government-induced flooding could not be a taking unless it was “permanent,” and remanded the case to the Federal Circuit for more.
Although the Federal Circuit indicated it would have preferred to avoid trying to deal with the issue (its order establishing…
Amici Brief: The Tenth Amendment, The Property Clause, And The “Town Too Tough To Die”
Today, on behalf of the Cato Institute and a coalition of Western-state public policy and research foundations, we filed this amicus brief in supporting the City of Tombstone‘s cert petition in City of Tombstone v. United States, No. 12-1069 (cert. petition filed Feb. 27, 2013).
In that case, in 2011 a forest fire…