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
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
To supplement the HSBA session on amicus briefing, here are some samples:
Hawaii courts
U.S. Supreme Court
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
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
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
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
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
In In re: Condemnation by PPL Electric Utilities Corp., No. 1389 CD 2012 (Pa. Comm’w May 8, 2013), a Pennsylvania state appeals court held the condemnation of property by a utility for a right-of-way to reconstruct electric lines already existing on the land, needed the prior approval of the Public Utilities Commission. The
Here’s the video of today’s Ninth Circuit oral arguments in Drake’s Bay Oyster Co. v. Jewell, the case about an oyster farm in Marin County’s Point Reyes National Seashore, and Interior Secretary Ken Salazar’s decision to not renew its license. The Ninth Circuit has posted the briefs of the parties and amici here