Professor Josh Blackman’s posts over at the Volokh Conspiracy on the bump-stock takings case (and follow ups taking a deeper dive into the takings question, see this post, this post, and this post), got us to thinking. So we wrote up our thoughts, in which we noted that we thought the “self-executing”
California Supreme Court To Livestream Orals In Inverse Case (Tuesday, May 5, 2020, 9am PT)
In addition to the Hawaii Supreme Court hearing oral arguments in an admin, water law, environmental law case today, if you tune in earlier, you can eavesdrop on the California Supreme Court’s oral arguments in an inverse condemnation case, Weiss v. People ex rel. Dep’t of Transportation, a case we are following.
Hawaii Supreme Court Livestream Oral Argument In Water Rights, Admin Law Case (Tuesday, May 5, 2020, 10am HT, 1pm PT, 4pm ET)
Fire up your web browsers, turn up your speakers, and tune in tomorrow, Tuesday, May 5, 2020, at 10am Hawaii Time (1pm Pacific, 2pm Mountain, 3pm Central, and 4pm Eastern) for a first: the Hawaii Supreme Court will be livestreaming oral arguments in an important case about administrative law, water rights, environmental law
NC: There Isn’t Just One Way To Value An “Indefinite Negative Easement”
Back in December — only a few months ago, yet it seems like another world away — we attended oral arguments in Raleigh in a case we’ve been following for a long time, about North Carolina’s “Map Act.”
This case is the follow up (after remand) of the N.C. Supreme Court’s landmark decision in Kirby
Two More Takings Complaints Challenging Shut-Down Orders
Two more complaints challenging covid shutdown orders as takings (inter alia). Add to the growing list. See here, here, here and here, for other similar complaints.
The first is from California. It asserts that ordering “nonessential” businesses to shut down is a taking. The complaint alleges that unless the
Lawprof Josh Blackman Asks: “Is there an express cause of action under the Takings Clause?”
(Spoiler alert: we think the answer is “yes” — see below)
Delving into the latest Supreme Court opinion related to the Affordable Care Act, lawprof Josh Blackman (who recently wrote about bump stock takings), now asks a broader question: Is there an express cause of action under the Takings Clause? More pointedly he writes