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
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 the
Thank you to the Brennan Center for Justice at NYU Law School’s State Court Report (#statecourtreport) for publishing our piece “Missed Opportunities in State Takings Challenges to Pandemic-Era Restrictions.” The title gives a hint about what this is about: how state and local government’s reaction to Co-19 spurred challenges not only under the U.S.
We’ve been eagerly waiting for the new season of the Institute for Justice’s podcast series, “Bound by Oath” to drop. Not only because it’s a great series – produced by John Ross, it is more like an audio documentary than a typical podcast – but also because John was kind enough to ask
Here it is — Professor Gideon Kanner’s final law journal article, published shortly before his passing:
Gideon Kanner, Eminent Domain Projects That Didn’t Work Out, 12 Brigham-Kanner Prop. Rts. J. 171 (2023).
Appropriately, we think, published in William and Mary Law School’s Brigham-Kanner Property Rights Journal, named in part in Gideon’s honor.