In City of Dallas v. Stewart, No. 09-0257 (Jan. 27, 2012), the Texas Supreme Court provided a good reminder of the importance of property rights and due process, even when protecting rights may inconvenience the government. In that case, the court held that a determination by a city agency that a home was a
Tonight: San Francisco Screenings Of “Battle For Brooklyn” At The Roxie
San Francisco Bay Areans: come join us at the Roxie Theater (3117 16th Street between Valencia and Guerrero, San Francisco) tonight for screenings of Battle for Brooklyn, the Oscar-shortlisted documentary film about the Atlantic Yards eminent domain case. Two shows, 7:00 and 9:00 p.m. Details, including ticket purchase here.
I’ll be
Final Brief In Filarsky: A Private Lawyer Retained To Represent Government Is Entitled To Claim Qualified Immunity
Here’s the last brief in Filarksy v. Delia, No. 10-1018 (cert. granted Sep. 27, 2011), the case involving the immunities that lawyers may be entitled to claim in civil rights actions under 42 U.S.C. § 1983. We filed an amicus brief in the case on behalf of the American Bar Association. The other
Guest Post: Federal Courts Flashback – Takings And Vested Rights Challenge To Land Use Commission
Once again, our old friend and colleague Paul Schwind is following an interesting ongoing case. We’ve been tracking the “Bridge Aina Le`a” litigation, but have not had the time to digest the latest developments in a comprehensive fashion and Paul attended the recent federal court hearing in the federal phase, and has kindly provided
It’s Others’ Property, You Just “Own” It*
In Landlord’s Uphill Fight to Ease Rent Restrictions, The New York Times reports on the Harmon cert petition (we posted the petition and the amici briefs in that case here), a challenge to New York City’s rent control ordinance.
We won’t rehash our thoughts on the case, but wanted to point out what
Trial Lawyers’ Amicus Brief In Filarsky: Common Law Did Not Recognize Private Attorney Immunity In 1871
Here’s the amicus brief of the American Association for Justice (fka Association of Trial Lawyers of America) supporting the respondent in Filarksy v. Delia, No. 10-1018 (cert. granted Sep. 27, 2011), the case in which the U.S. Supreme Court is considering whether a private lawyer hired by a local government is entitled to claim
Respondent’s Merits Brief In Filarksy: Is A Private Lawyer Retained To Represent Government Entitled To Claim Qualified Immunity?
Here’s the respondent’s merits brief in Filarksy v. Delia, No. 10-1018 (cert. granted Sep. 27, 2011), the case in which the U.S. Supreme Court is considering whether a private lawyer hired by a local government is entitled to claim the same immunities from section 1983 lawsuits as his government-employed counterparts.
We filed an amicus
SCOTUS Asks For Fed Input In Case Asking Whether Hawaiian Homes Property Tax Exemption Is Racial Discrimination
Today was the day we were to have found out whether the Supreme Court would review Corboy v. Louie, No. 11-336 (cert. petition filed Sep. 15, 2011). That’s the case seeking review of the Hawaii Supreme Court’s opinion which concluded that challengers to the property tax exemptions conferred on lessees of Hawaiian Homesteads lacked
What’s That Definition Of “Insanity” Again?
No less a light than Albert Einstein is reported to have said that the “definition of insanity is doing the same thing over and over again and expecting different results.” That quote has always seemed more apocryphal than accurate to us, but it’s a good definition regardless of who first uttered it.
Exhibit “A” appended
Final Briefs In Hawaii SCOTUS Case: Is The Hawaiian Homes Property Tax Exemption Racial Discrimination?
Update: The Court has invited the Solicitor General to provide the views of the federal government, so we’re still on hold.
At its December 9, 2011 conference, the U.S. Supreme Court will consider whether to review Corboy v. Louie, No. 11-336 (cert. petition filed Sep. 15, 2011). That’s the case seeking review of