December 2015

An op-ed piece in today’s Star-Advertiser by Judge (Ret.) Walter Heen and U. Hawaii lawprof Randy Roth asks “What is OHA?

For those of you who don’t already know, “OHA” is the Office of Hawaiian Affairs, a governmental entity created by the 1978 amendments to the Hawaii Constitution. But what the acronym

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Whatever you might celebrate at this time of year — Christmas, Chanukah, Kwanzaa, Festivus, or whatever (or even if you don’t celebrate anything except good cheer and gift giving) — here’s our suggestion for the gift for the takings nerd in your life: Professor Ilya Somin’s fantastic book, “The Grasping Hand: Kelo v. City

Here’s the latest on the now-cancelled “Nai Aupuni” Hawaiians-only poll/election, described by one local commentator as having “the integrity of a Costco membership,” and by Election law maven Rick Hasen as the “Oprah” theory of elections after the organization cancelled the extended vote and invited all candidates to come to the convention once

One for all you Court of Federal Claims mavens: a new cert petition, filed On Wednesday, that once again puts front and center 28 U.S.C. § 1500the statute which bars the CFC from hearing claims that are “pending in any other court” against the United States.  

The statute was last interpreted

We always enjoy reading the briefs filed by the Center for Constitutional Jurisprudence because they reference “first principles” and are usually heavy on the history. We like history. 

This amicus brief, filed by CCJ today in support of the cert petition in Arrigoni Ent., LLC v. Town of Durham, No. 15-631 (cert. petition

Here’s one more amici brief supporting the the cert petition in Arrigoni Ent., LLC v. Town of Durham, No. 15-631 (cert. petition filed Nov. 10, 2015). (Here is the first amicus brief filed today, and here’s the second.) 

This one — on behalf of the National Federation of Independent Business Small Business Legal

Here’s the second amicus curiae brief supporting the the cert petition in Arrigoni Ent., LLC v. Town of Durham, No. 15-631 (cert. petition filed Nov. 10, 2015). (Here’s the first.) 

This brief was filed by the Institute for Justice, and authored by Supreme Court takings maven Michael Berger:

1. It is

Here’s the first in a series of amicus briefs we’re going to post which urge the Supreme Court to grant the cert petition in Arrigoni Ent., LLC v. Town of Durham, No. 15-631 (cert. petition filed Nov. 10, 2015). 

This amicus brief was filed by the Cato Institute, and like the petition,

Here’s the first in a series of posts we’re going to put up, with the cert petition and the supporting amici briefs (ours included) in Arrigoni, Ent., LLC v. Town of Durham, No. 150631 (petition filed Nov. 10, 2015).

In that case, the Second Circuit in a two-sentence ruling, summarily affirmed the District Court’s dismissal

Here’s a case we’ve been following for quite a while, waiting for the opinion to drop.

And now it has. In State v. Palama, No. CAAP-12-0000434 (Dec. 11, 2015), the Hawaii Intermediate Court of Appeals, in an unpublished memorandum opinion, upheld the trial court’s dismissal of criminal trespass charges against a fellow who asserted that