Regular readers know that in addition to our focus on Fifth Amendment property rights, we’re also looking at the Fourth Amendment as a vehicle that protects and promotes property rights.
In that vein, here’s a forthcoming article that is worth reading,”The Benefits of the Fourth Amendment’s Property-Rights Baseline,” by lawprof Nicholas Alden Kahn-Fogel.
If you are in the California Southland (or plan to be in the next week), please be sure to reserve on your calendar Tuesday, August 13, 2024, to join us in-person for the launch of our colleague Jim Burling‘s forthcoming book, “Nowhere to Live: The Hidden Story of America’s Housing Crisis.”
Here’s an article worth reading, just posted to SSRN, Procaccini, The End of Means-End Scrutiny (July 29, 2024).
For your takings and individual liberty nerds, please focus on pages 36-38 (showing how takings analysis is not accomplished by the usual means-ends scrutiny), pages 40-42 (social and economic liberties), and pages 43-44 (searches and seizure).
Why
Check this out: our Pacific Legal Foundation colleagues (Brian Hodges and Deborah La Fetra we on our Sheetz SCOTUS team), have posted a new scholarly piece on SSRN, “Sheetz v. County of El Dorado: Legislatures Must Comply with the Takings Clause.”
Here’s the Abstract:
For more than 30 years, the Supreme Court
Worth reading: a student-authored piece in the latest issue of the Harvard Journal of Law & Public Policy, “Original Understanding of ‘Background Principles’ in Cedar Point Nursery v. Hassid.“
From the Introduction:
But in Cedar Point, when considering a regulation that authorized union organizers to enter certain businesses, the Court
The California Coastal Commission is infamous for being the most out-of-control governmental agency in the nation. This regulatory leviathan fancies itself the undisputed czar of land use and other activities in its fiefdom, the California coastal zone.
Created in 1976 as an agency with regulatory authority across California’s 1,000+ miles of coast (and land in
Here’s the abstract:
Employment at will is legally and politically entrenched. It is the default termination law in forty-nine states and controls the working lives of most U.S. workers, creating a political economy of precarity and exploitation. In light of these challenges, this Essay offers a novel framework for a constitutional challenge to the at-will
Have thoughts about where regulatory takings are (or should be) headed? Here’s your chance to get in on the conversation, and to shape the future of the law.
Our outfit, the Pacific Legal Foundation, in cooperation with the Antonin Scalia Law School’s Journal of Law, Economics, and Policy, are calling for papers on “Imagining
Here’s what we’re reading today:
Check this out. Friend and colleague Steve Davis has authored “Eminent Domain, the Fifth Amendment Takings Clause, and the Rule of Law,” 88 Social Education J. 1 (2024).
As summarized on the Federal Takings blog:
Steve explains the rights guaranteed by the Fifth Amendment to the Constitution and focuses on its critically-important