42 U.S.C. § 1983 | Civil Rights

In case you missed it live, here’s the recording of the recent one-hour program on “The Future of Regulatory Takings at the Supreme Court,” featuring our colleagues Joshua Thompson (Pacific Legal Foundation) and Paul Utrecht (Utrecht & Lenvin, LLP), with Jim Burling (PLF) moderating.

The program discussed Cedar Point Nursery v. Hassid

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There’s still plenty of time to register and join us for the 18th Annual Brigham-Kanner Property Rights Conference at the William and Mary Law School, Thursday and Friday, September 30 and October 1, 2021.

Yes, you may attend in-person, or remotely. The registration fees are very reasonable, ranging from $0 (yes, free!) to $200

Check this out. A short online comment at the Yale Journal on Regulation by Judge Thomas Griffith, “A New Test Or Merely A New Name For Some Regulatory Takings?

The comment addresses the notion that the Supreme Court in Cedar Point shuffled up takings doctrine:

Much of the commentary about the Supreme

On one hand, the U.S. Court of Appeals’ opinion in Buending v. Town of Redington Beach, No. 20-11354 (Aug. 20, 2021) is not a big deal, at least in terms of the issue in the case: did the Town take the plaintiffs’ private beach property when it adopted an ordinance allowing the public to

All the topics you want to know about, presented by top-notch faculty from across the nation. Sessions include:

  • Keynote: Do Animals Have Property Rights?
  • Did the Supreme Court Signal a New Direction in Property Rights in Cedar Point Nursery?
  • Maximizing Relocation Benefits: Understanding the Law and Regulations to Ensure Fairness
  • Challenging Public Use: Lessons

Screenshot 2021-08-08 at 23-55-14 The Dawn of a Judicial Takings Doctrine em Stop the Beach Renourishment  Inc v Florida De[...]

Here’s what we’re reading today, a recently-published law review article by Brendan Mackesey, The Dawn of a Judicial Takings Doctrine: Stop the Beach Renourishment, Inc. v. Florida Department of Environmental Protection, 75 U. Miami L. Rev. 798 (2021). 

Here’s the Abstract:

In Stop the Beach Renourishment v. Florida Department of Environmental Protection, 130

Screenshot 2021-08-11 at 14-56-53 Constitutional Litigator Property Rights (two openings) Pacific Legal Foundation

You’ve got big dreams, you want fame…

If so, here’s your chance: two (2!) Takings Maven Dream Jobs® are now available.

Pacific Legal Foundation requesting applications for positions as a Property Rights Constitutional Litigator. Job description includes “You will find and win the next important Supreme Court property rights case.”

Oh, have we got

The hits keep coming. There have already been complaints alleging takings against the feds for the CDC eviction moratorium, and against the State of California for its moratorium. 

Now this, a complaint against the City of Angels alleging that its version of the moratorium works a taking, either a per se physical invasion taking, a

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Here’s what we’re reading today. And this is one of those articles that you should not miss.

Our W&M colleague Katherine Mims Crocker has published “Reconsidering Section 1983’s Nonabrogation of Sovereign Immunity,” 73 Fla. L. Rev. 523 (2021).

Why is this a “must read” you ask? Because Professor Crocker concludes, “[t]he preceding Parts

The U.S. Court of Appeals for the Fourth Circuit’s opinion in Zito v. N.C. Coastal Resources Comm’n, No. 20-1408 (Aug. 9, 2021) is just the latest in a growing list of decisions about an issue we’ve been following (see here, here, here, here, and here for example), including the District