We have now wrapped up the coursework portion of the Fall semester at William and Mary Law School, so here’s an after-action report from the two full courses which I taught in a “hybrid” style (some students live, in the classroom; others attending via Zoom live; and still others with the option to attend
November 2020
BIO In Penn Central And Lucas Takings Case
Here’s the State of Hawaii’s Brief in Opposition in a case we’ve been following for what seems like forever.
Check it out. The State waived response, but after a whole bunch of amici filed briefs in support of a cert grant (ours included), at least one of the Justices wanted to…
Spam® For Thanksgiving? Mais Oui!
Check this out, the latest episode of the Pendulum Land Podcast, in which we briefly return to chat about what’s on the Thanksgiving menu (hint: Spam® and oysters).
Spam® because we 808 people like that stuff, and oysters because the Virginia Supreme Court recently heard oral arguments in an important inverse…
Is Virginia’s Legislative Rewriting Of Existing Electric Easements To Permit Fiber Optic Use Unconstitutional?
Check this out, the Complaint we filed a couple of weeks ago in the U.S. District Court for the Western District of Virginia, in Grano v. Rappahannock Elec. Coop., No. 3:20-cv-00065-NKM (W.D. Va. Oct. 28, 2020).
It’s not a true “takings” case because the claims for relief are limited to due process and Contract …
It’s Conference Day For Case Asking How “Permanent” A Loretto Permanent Physical Invasion Taking Must Be
Today, Friday, November 13, 2020, is the day that the Supreme Court is scheduled to decide whether to decide a case we’ve been following for a long time (and one in which we filed an amicus brief urging the Court to take up the case).
In Cedar Point Nursery v. Shiroma, 923…
Recording Now Available In Virginia Supreme Court Oral Arguments In Takings, Property, And Public Trust Case
We listened live last week, but the court has now made the recording available in Johnson v. City of Suffolk.
This is what we call the “oyster takings” case in which Nansemond River oystermen claim that their property was taken when the City of Suffolk and the Sanitation District dumped sewage into the…
Nebraska: Condemnor Asking To Overturn Jury’s Compensation Verdict For (Alleged) Evidentiary Errors Asks Too Much
The docket is pretty crowded today, so we don’t have that much time to digest and summarize the Nebraska Supreme Court’s opinion in Douglas County School Dist. No. 10 v. Tribedo, LLC, No. S-19-986 (Nov. 6, 2020). But we recommend you read it (or at least scan it).
Short story: Tribedo got the better…
Join Us: Tuesday, Nov. 10, 2020 (3pm ET, 12n PT) For Free (!) Webinar: “Shutdowns, Closures, Moratoria, and Bans”
Join us next Tuesday, November 10, 2020 at 3pm ET (12 noon Pacific) for the free webinar “Shutdowns, Closures, Moratoria, and Bans,” produced by Pacific Legal Foundation and Owners’ Counsel of America.
Along with my colleagues Leslie Fields (Executive Director, OCA), and Jim Burling (PLF), I’ll be talking about the legal foundations for…
Watch: Lawprof David Callies On His New Book, “Regulatory Takings After Knick”
To get your copy of the book, go here.
Virginia Supreme Court Oral Arguments In Takings, Property, And Public Trust Case
Here’s the latest in a case we’ve been following even before its inception (last semester, our William and Mary class visited the site and witnessed the oyster operation affected – see video above), Johnson v. City of Suffolk.
This morning, the Virginia Supreme Court heard oral arguments in the case, and we livestreamed it…




