February 2021

UrbanLawyer.v.50.1 articles

The latest issue of The Urban Lawyer, the scholarly law journal of the ABA’s Section of State and Local Government Law (our Section) has been published. Takings mavens are going to like this one:

  • William W. Wade, Love Terminal: A Tale of Two Theories – our friend and colleague Bill’s final work.
  • Kenneth Stahl, Home Rule & State Preemption of Local Land Use Control – land users and muni lawyers: read this.
  • Eric Lynch, Fifth Amendment on Fifth Avenue: New York City Taxicab Medallions App-Dispatch Services & Just Compensation in Regulatory Takings – a former student of ours and now colleague, on sharing economy takings; this article began life as his final paper for our class.
  • Robert Freilich, et al., The California Coastal Commission & Beach Access: The Necessity for Overriding City & County Ordinances Banning the Use of Short-Term Vacation Rentals in the Coastal Zone –

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Continue Reading Latest Issue Of The Urban Lawyer: Two Takings Theories, Home Rule, Rideshare Takings, And Vacation Rentals In The Coastal Zone

Back to blogging…

Here’s the latest cert petition on an issue we’ve been following for a while (see here, here, here and here, for example). Is invalidation of an already-issued patent via inter partes review a taking?

In this case, the Federal Circuit held no taking, consistent with its earlier opinion in Celgene. The takings issue was teed up (but not decided) by the Supreme Court in Oil States, which noted that patents may be “property for purposes of the Due Process Clause or the Takings Clause.” The Court denied at least one earlier cert petition on the issue, and now it’s back.

Here’s how the petition frames it:

Is a patent a property right or is it something less? And if a patent holder cannot depend on the United States Patent and Trademark Office “(USPTO”) to competently evaluate a patent application, should an…

Continue Reading New Cert Petition: Is Invalidation Of A Patent Via Inter Partes Review A Taking? “Is a patent a property right or is it something less?”

Some news: as of today, February 1, 2021, I am joining my long-time friends at Pacific Legal Foundation, and as I noted in this post (“Announcement, pt. 1: Let’s Just Kiss And Say Goodbye“), have retired from the private practice of law and my firm, Damon Key Leong Kupchak Hastert.

What’s going to change now that I’m entering public-interest lawyering? Not this blog, which will continue in the same format. And I’ll still be working with outstanding lawyers (just a different lineup card). But some things will be new: I won’t be representing private clients and will go all-in on pro bono representation in cases that both help clients, and shape the law. I won’t be focused mostly on Hawaii (and California), but will pick up PLF’s national perspective. And you may find me at a different address.

Why now, after more than three decades in…

Continue Reading Announcement, pt. 2: Goodbye, Hello

Some news: as of yesterday, January 31, 2021, I have retired from the private practice of law, and from my long-time spot as a Director (partner) in Damon Key Leong Kupchak Hastert.

I’m not leaving the practice of law (this blog will continue in the same format) it’s just that I will not be in private practice – more on that here – and will not continue on under the same roof as I have since 1987 (and even earlier; I was a summer associate at Damon Key during law school).

Before I let you know about the new gig, let me say that I love the lawyers with whom I have practiced literally since I was first called to the Bar over three decades ago. Were I remaining in private practice, there’s nowhere else but Damon Key I would do it. Over the years, I have…

Continue Reading Announcement, pt. 1: Let’s Just Kiss And Say Goodbye