Here’s the recording of last week’s program we did for the King Kamehameha V Judiciary History Center, “Constitutional Law and States of Emergency: Lessons from Hawaii’s Judicial History for the COVID-19 Pandemic.”
Links to the cases and other materials we referred to in the presentation are posted here.
Tomorrow, we’ll be joining
It’s been a long week, and it’s Friday with a filing coming up. So we’re not going to spend a lot of time digesting the Federal Circuit’s opinion in Alford v. United States, No 19-1678 (June 19, 2020). Plus, it is a short one (11 pages) that makes one major point.
Short story: after
Here are the links and other materials which we spoke about in this afternoon’s program for the King Kamehameha V Judiciary History Center, “Constitutional Law and States of Emergency: Lessons from Hawaii’s Judicial History for the COVID-19 Pandemic.”
Supreme Court of the Kingdom of Hawai‘i
M. GIBSON, PRESIDENT BOARD OF HEALTH,
v.
THE STEAMER MADRAS.
JANUARY TERM, 1884.
February 26, 1884.
APPEAL FROM DECISION OF JUDD, C. J., IN ADMIRALTY.
JUDD, C. J., MCCULLY and AUSTIN, JJ.
OPINION OF THE CHIEF JUSTICE.
The decision of the Chief Justice, appealed from, was as
Just published: the 2020 Zoning and Planning Law Handbook (Green Book). The first section of the Summary of Contents is about Takings, and includes as the lead piece Professor Gideon Kanner and Michael Berger’s tour-de-force article, “The Nasty, Brutish, and Short Life of Agins v. City of Tiburon.” It also includes
One more to add to your reading queue. The latest complaint alleges, among other claims, that the Illinois governor’s coronavirus shut down orders for businesses deemed “non-essential” result in takings.
The list of similar challenges keeps growing. See here, here, here, here, here, here, here, here,
Here’s the latest lawsuit challenging a government’s response to the coronavirus pandemic. This one challenges the California Judicial Council’s Emergency Rule 1, which indefinitely closed the courthouse doors to eviction proceedings (what California calls “unlawful detainer”).
This one does not employ a takings rationale, but takes a separation-of-powers approach. It’s concisely drafted, so we
Update: our thoughts on the Hawaii-law claims in this article, “Hoist the Yellow Flag and Spam® Up: The Separation of Powers Limitation on Hawaii’s Emergency Authority,” 43 U. Haw. L. Rev. ___ (forthcoming 2020).
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Here’s the second complaint filed in the U.S. District Court for the District of Hawaii challenging the governor’s
Here’s the latest in a case we’ve been following (we visited the site last November with our William and Mary class), the property owners’ Opening Brief in a case being considered by the Virginia Supreme Court.
This is a case at the intersection of property and takings law, and environmental protection. Several Nansemond River oystermen
Here’s the latest complaint challenging coronavirus-related orders (in this case, the City of Los Angeles’ rent payment and eviction moratoria) as a taking.
More here from the LA Times: “Landlord group sues city of L.A. over coronavirus anti-eviction protections.”
You should probably read the entire document, as it is drafted well. But
