Update: Professor Ilya Somin, a leading eminent domain scholar and author of the definitive articles on post-Kelo reforms, adds his thoughts on the decision here. Here’s a report from the local paper.
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In the wake of Kelo v. New London, 545 U.S. 469 (2005), a majority of states adopted rules about
What we’re reading today:
When we originally posted about Drake’s Bay Oyster Co. v. Salazar, No. 13-15227, an appeal now awaiting the Ninth Circuit’s ruling (oral argument video here, key briefs here), we knew further research on the issue was in order, perhaps by making a site visit. Yesterday, we had the opportunity to do just
Here’s one as cliché as beach cases from Hawaii: an opinion from a Texas court about the meaning of the term “crude petroleum” in the Texas Natural Resource Code. Oil that is. Black gold. Texas Tea.
It’s also another pipeline case from the Texas Court of Appeals (Ninth District) — the same panel that
At a recent ABA conference, we suggested during our presentation that cases involving pipelines (petroleum, natural gas, etc.) would be “hot topics,” and here’s the latest: in In re Texas Rice Land Partners, Ltd., No. 09-12-00484-CV (May 23, 2013), the Texas Court of Appeals (Ninth District) held that TransCanada Keystone Pipeline, L.P. is
Mark your calendars: on August 21, 2013, The Seminar Group is putting on the 2d Annual Eminent Domain and Condemnation Law Conference, in Honolulu (Hilton Waikiki Beach). Our Damon Key partner Mark M. Murakami is the Planning Chair, and the rest of the faculty is pretty good, too.
We’ll be speaking at two of the
Here are the latest (and last, presumably) briefs in the Arkansas Game & Fish Commission v. United States case, now in the Federal Circuit after remand by the U.S. Supreme Court. The 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
Earlier this week, I spoke to the Hawaii State Bar Association’s Appellate Law Section about amicus briefing, along with Daniel Gluck, Senior Staff Attorney at ACLU Hawaii.
I appeared by videoconference, and we were able to record my remarks. The handout and links I mention are posted here.
Stream it here:
HSBA-appellate-amicus-briefing-thomas-5-2013
Or download it here (right-click, “save as” – 27 minutes, 12mb mp3)
Continue Reading Audio Of HSBA Appellate Section CLE On Amicus Briefing
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
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