A lot of interesting law review articles published lately, and here’s the latest: William Baude, Rethinking the Federal Eminent Domain Power, 122 Yale L.J. 1738 (2013). As the title suggests, the author argues that for 75 years, the original view was that the federal government lacked eminent domain power, because it was not
New Law Review Article, “The Upside of Losing,” Focuses On Kelo
Here’s one that might make you feel better, particularly if you end up drawing the short straw in litigation: in The Upside of Losing, 113 Colum. L. Rev. 817 (2013), Professor Ben Depoorter writes about how winning may not be the “only thing” in public interest litigation.
Of particular interest to the readers of
Materials And Links From Today’s HSBA Appellate Section CLE On Amicus Briefing
Here is the handout (2 pages) from today’s CLE program on Amicus Briefing, sponsored by the Hawaii State Bar Association’s Appellate Law Section.
Links to the briefs mentioned are also posted here.
Update: here’s the audio of my remarks.
Amicus Briefing – Hawaii State Bar Association, Appellate Law Section – CLE 5-20-2013
New Law Review Article On Just Compensation: Property Owners Getting Too Much
Much of the interest in eminent domain law since Kelo v. New London understandably has been on the Public Use Clause, but as condemnation lawyers know, a supermajority of the issues in these cases involve the other part of the Takings Clause, the question of just compensation.
The shorthand usually employed is that an owner
Amicus Brief Samples
To supplement the HSBA session on amicus briefing, here are some samples:
Hawaii courts
- Hawaii Supreme Court amici (supporting respondent, merits stage) – (General Contractor’s Ass’n)
- ICA amicus (supporting appellee) (Pacific Legal Foundation)
U.S. Supreme Court
- U.S. Supreme Court amicus (supporting petitioner, merits stage) – (Admirals and military support
HSBA Appellate Section: Amicus Briefing
On Monday, May 20, 2013, I’ll be speaking at the Hawaii State Bar Association’s Appellate Law Section’s monthly meeting, on “Amicus Briefing.”
Sorry for the short notice, but I am a last-minute substitution since one of the original panelists, retired Hawaii Supreme Court Justice Steven Levinson, is under the weather and cannot attend. The other
Is Anyone On The Hook If a Volcano Gawker Ends Up In Trouble?
This photo and accompanying story (“Volcano officials concerned about risky activity at Kilauea ocean entry“) reminded us of an article we did a few years ago about issues of liability in these cases, the “compensation culture,” and a famous tort decision by the UK’s House of Lords.
Our article, “Common Sense
USA’s BIO In Western Water Rights Takings Case
Here’s the BIO recently filed by the United States in Estate of Hage v. United States, No. 12-918 (cert. petition filed Jan. 17, 2013). This brief responds to the cert petition which seeks Supreme Court review of Estate of Hage v. United States, 687 F.3d 1281 (Fed. Cir. 2012).
In that case
PBS’s Constitution USA On Eminent Domain
Watch Eminent Domain Case: How Can You Take My House? on PBS. See more from Constitution USA with Peter Sagal.
Here’s a video snippet focusing on eminent domain and the Kelo decision, from PBS’s ongoing series on the U.S. Constitution. It’s a somewhat generic view of the issue complete with silly sound effects and graphics
HAWSCT Oral Argument Preview: More On The “Private Attorney General” Fee-Shifting Doctrine
Tomrrow morning (Thursday, May 16, 2013), at 9:00 a.m., the Hawaii Supreme Court will hear oral arguments in Aloha Tower Dev. Corp. v. State of Hawaii, No. SCWC-30484, in which the court is reviewing the opinion of the Intermediate Court of Appeals which held that a party was not entitled to recover attorneys fees