Here’s what we’re reading today:
- Michael Berger, “Is a taking based on pretext constitutional?,” Daily Journal (a take on the Second Circuit’s recent decision holding that a property owner could not assert a pretext claim where the allegedly pretextual use did not confer a private benefit.
- Christian Britschgi, “Are ‘Squatters’ Rights’ Out of Control?” Reason (the “squatting” issue has roared into the public zeitgeist lately; if you haven’t been following it closely, here’s a good place to start).
- Remember that case, currently pending the North Carolina Supreme Court, about what remedies are available if a court invalidates a taking, but the condemnor just goes ahead and seizes the property anyway? Here are all the briefs in that case, including our amicus in support of the property owner).
- Levine, Nash & Schapiro, “The Unconstitutional Conditions Vacuum in Criminal Procedure,” 133 Yale L.J. 1401 (2024) (in which the authors argue that the unconstitutional conditions analysis (aka Nollan/Dolan) should be applied in situations where criminal defendants are subject to government coercion; it is interesting to see how those outside the Dirt Law bubble view the doctrine).
- Bianchi, Brifkani, Halaby, Huang, “Court rules for PhRMA in challenge to Oregon drug price transaparency law” JDSupra (a breakdown and summary of a recent District Court decision concluding that an Oregon statute that requires the disclosure of trade secrets is a Ruckelshaus v. Monsanto taking; includes a link to the court’s opinion).
Check ’em out.