Ian Lind has an interesting piece in Honolulu Civil Beat, Hawaii Monitor: Ballot Issue Grew Out of Abercrombie’s Retreat Into Secrecy, about the consititutional amendment, recently approved by Hawaii voters, which requires the Hawaii Judicial Selection Commission to make public its list of judicial nominees at the same time that it transmits the
New Amicus Brief: Overrule Williamson County! (At Least The State Exhaustion Requirement)
Today, on behalf of the National Federation of Independent Business Small Business Legal Center, we filed this amicus brief in Kurtz v. Verizon New York, Inc., No. 14-439 (cert. petition filed Oct. 14, 2014). The cert petition, filed on Kurtz’s behalf by the Institute for Justice, is posted here.
That’s the case in
The Eminent Domain Angle In “Net Neutrality”
So, the President today announced support of “net neutrality,” which Wikipedia describes as “the principle that Internet service providers and governments should treat all data on the Internet equally, not discriminating or charging differentially by user, content, site, platform, application, type of attached equipment, or mode of communication.”
President Obama has come out
Thursday Round-Up: “Five Easy Pieces” Talk, Re-appraisals, Foie Gras Ban Lives, Kelo In China, Kelo Movie
Here’s what caught our eye today:
- Last evening, we attended lawprof Gregory S. Alexander‘s talk at the U. Hawaii Law School, “Five Easy Pieces: Recurrent Themes in American Property Law.” You know it’s not a real academic talk until the speaker uses the words “normative” and “neologism,” and Professor Alexander did not disappoint. But
New Book: Litigating Religious Land Use Cases (Dan Dalton)
A big thank you to our friend and colleague from Detroit, Dan Dalton, who sent us a recently-published book which he authored, “Litigating Religious Land Use Cases.”
This book discusses how to litigate such a religious land use case on behalf of a religious entity pursuant to the Religious Land Use and
Amici Brief Asks: Aren’t Property Rights “Fundamental” Rights?
Remember that 11th Circuit decision we posted earlier, in which the court concluded that riparian rights, although recognized by Florida as property rights, are not “fundamental rights” protected by the Due Process Clause? There, the court held that the City’s ban on the construction of docks and piers (except, apparently, city-owned docks and piers) was not
Real Property Lecture By Gregory Alexander At U.H. Law School Nov. 5, 2014: “Five Easy Pieces: Recurrent Themes in American Property Law”
If you are in the neighborhood on Wednesday, November 5, 2014 from 4:30 – 5:30 p.m., you may want to come by the University of Hawaii Law School to listen to the 2014 Distinguished Gifford Lecture in Real Property by Cornell lawprof Gregory S. Alexander, “Five Easy Pieces: Recurrent Themes in American Property Law
2014 Brigham-Kanner Property Rights Conference Report: Honoring Michael Berger
“You can’t have rights without advocates.”
– Michael Berger
We’re at the William and Mary Law School in Williamsburg, Virginia today for the 11th Brigham-Kanner Property Rights Conference. As we’ve noted earlier, Michael Berger is this
Utah: Complaint Must Allege Either A Physical Or Regulatory Taking To Avoid Dismissal
Utah seized a failing bank without notice to the bank, and appointed the FDIC receiver. The bank owners sued for a bunch of things, including a taking under the state constitution. The trial court dismissed for failure to state a claim because the complaint did not contain sufficient factual allegations to support a takings claim.
Cal App: “There is no rational nexus, no less rough proportionality”
We’re tied up today and don’t have time to do any analysis, so we post this without comment: Bowman v. California Coastal Comm’n, No. B243015 (Oct. 23, 2014), wherein the court held:
In Kleiniecke v. Montecito Water District (1983) 147 Cal.App.3d 240, we held it would not be inequitable to apply the doctrine of