With the 2019 edition of the Brigham-Kanner Property Rights Conference (and award of the B-K Prize to Professor Steven Eagle) to get underway later this week, it is also publication time for the latest issue of the Brigham-Kanner Property Rights Journal.
This edition focuses on the “Federalism Dimension of Constitutional Property,” and we contributed
Takings mavens know lawprof Ilya Somin. Among other things, he’s authored some of the more interesting and useful scholarship in our field.
Here’s his latest, published in the 2019 Cato Supreme Court Review, about the Supreme Court’s latest takings case, Knick v. Township of Scott.
We naturally recommend you read the entirety
Here’s our Federalist Society blog post on Knick, “After More Than 30 Years, the Supreme Court Reopens the Door To Federal Takings Claims.”
Check it out, takings fans.
Here’s the article, recently published in the UMKC Law Review with thoughts on Murr v. Wisconsin, the case about the “denominator” issue in regulatory takings cases.
We won’t get into it in detail (if you are interested, you can read the article yourself), except to say that therein we offer views of what
A must-read for takings mavens. Property rights gurus Professor Gideon Kanner and Michael Berger have published a new article, The Nasty, Brutish, and Short Life of Agins v. Tiburon, 50 Urb. Lawyer 1 (2019). It’s the lead article in the latest volume of The Urban Lawyer, the law journal of our Section of
Short answer: no.
But the longer answer which lawprof Ilya Somin discusses in this short podcast is worth listening to. Check it out.
Here’s the summary:
Over the last few years, taxi companies in several cities have brought lawsuits claiming that legalizing ride-share services such as Uber and Lyft violates the Takings Clause of the
Here’s what’s on the reading list for today:
A law journal article worth reading (short, not too many distracting footnotes) on takings theory.
In Imperfect Takings, 46 Fordham Urban Law Journal 130 (2019), Professor Shai Stern writes about what he calls the “three safeguards” in eminent domain (due process, public use, and mandatory compensation), and how to evaluate the legality of takings
Kansas colleague Chris Burger has published an article in the Kansas Bar Journal with the intriguing title, “Sanguine Doves in the Hands of the State or How the Power of Eminent Domain has Few Practical Restraints.” We dare you to resist downloading it and reading.
Thanks to Chris for allowing us to repost
Every year, at the Brigham-Kanner Property Rights Conference, the conference publishes a law journal with the articles, essays, and remarks presented at last year’s conference. So it was this year, and Volume 7, with the theme of “The Future of Regulatory Takings,” is now available.
We contributed an essay, “Back to the