April 2014

Back in October, we had the honor of moderating a discussion about the ripeness issue in takings law at the 40th Anniversary Symposium on The Takings Issue at Touro Law School (see here and here for more). Professor Vicki Been and Pacific Legal Foundation’s J. David Breemer were the panelists, each weighing in on how…

The Hawaii Constitution requires that a member of the state House of Representatives be a “qualified voter” of the district she or he represents. In Hussey v. Say, No. CAAP-13-0002255 (Apr. 24, 2014), the Hawaii Intermediate Court of Appeals analyzed how someone who asserts that the representative from District A is in actuality a …

Here’s what we’re reading today:

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Today is Good Friday, an official state holiday in Hawaii, so we’re reposting our annual recounting of how it came to be that the State commemorates the date of the crucifixion, and how that squares with the Establishment Clause of the First Amendment. 

Turns out that it doesn’t really. It’s just coincidence that the “spring…

As many of you may already know, we’ve been publishing this blog for quite a while. What you may not know, except anecdotally, is that several of our law firm colleagues also are active bloggers in their respective fields of interest. We’ve mentioned them a few times, but you may have missed it.

So now…

Each year, the William and Mary Law School’s Property Rights Project awards the Brigham-Kanner Property Rights Prize to a deserving person “whose work affirms that property rights are fundamental to protecting and preserving individual liberty.” This list of past recipients is an All-Star roster of property scholars and jurists, including lawprofs Frank Michelman, Richard…

The North Carolina Supreme Court has issued its opinion in Beroth Oil Co. v. North Carolina Dep’t of Transportation, No. 390PA11-2 (Apr. 11, 2014). That’s the case which we’ve been following about the class-action worthiness of of a case in which the N.C. DOT effectively blighted a huge swath of land by identifying it as…

Here’s the latest from the Federal Circuit, a decision involving regulatory takings, the big auto bailout, and the nature of property rights. A&D Auto Sales, Inc. v. United States, Nos. 13-5019, 13-1520 (Apr. 7, 2014)

In the TARP and the related bankruptcy cases, the federal government bailed out the two big American auto manufacturers…