2014

We offer this one to you without comment, since we haven’t had a chance to read anything more than the abstract. Sounds intriguing, no? 

This Article proposes a paradigm shift in takings law, namely “inclusionary eminent domain.” This new normative concept provides a framework that molds eminent domain takings and economic redevelopment into an …

Those of us who have been in the courtroom when the U.S. Supreme Court has conducted its sessions over the past decades will certainly recall the fairly tall guy in the fancy suit guiding the lawyers, press, and audience members where to sit, what to do, and the like. That was the Clerk of the…

Here’s an article worth reading, co-authored by our colleague Edward Thomas (no relation, although we often kid that Ed is our brother-in-the-law), President of the Natural Hazard Mitigation Association, and a fellow who is concerned both with anticipating natural hazards such as sea level rise, hurricanes, and the like, as well as property rights. …

The case that seemingly wouldn’t end — Coy Koontz, Jr.’s continuation of his late father’s case against the St. Johns River Water Management District over the WMD’s demand that they “pay to play” — has ended with its eighth appellate decision (including the now-famous visit to the U.S. Supreme Court), with another win for…

[Note: we were all set to be the “firstest with the mostest” on these issues, but, as is often the case, Professor Kanner beat us to the punch (“The Clippers and Eminent Domain – It Was Only a Matter of Time“).]

What we’re talking about, of course, is the recent (and ongoing)…

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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