In Hawaii we employ a phrase, “how can?” as a shorthand response when you’re wondering how something can be. It’s easy, short, and more efficient than saying “I’m sorry, I don’t understand how you think you can accomplish this.”
Thus, “how can?” was our first response when the U.S. Department of Health and Human Services’
News just in: we’ve just received confirmation that the Conference will not be in-person in Scottsdale in January 2021, and we’re going online.
Not a big surprise, but still a bit disappointing, and it’s a shame that the circumstances won’t allow us to meet in-person to talk shop and to renew our friendships like we
Reading through the Federal Circuit’s opinion in Christy, Inc. v. United States, No. 19-1738 (Aug. 24, 2020) (a case we’ve been following since its inception; see here for the complaint), doesn’t hold out a lot of hope for something new, because the Federal Circuit already ruled in Golden v. United States, 955
Here’s the cert petition that we’ve been waiting to drop in a case we’ve been following. Last we checked in, the Ninth Circuit (with concurral) had denied en banc review, over a dissental.
In Cedar Point Nursery v. Shiroma, 923 F.3d 524 (May 8, 2019), a 2-1 panel of the Ninth Circuit
It was mostly a win for the property owners in today’s Federal Circuit opinion in Hardy v. United States, No. 19-1793 (July 15, 2020).
The opinion isn’t heavy on the takings doctrine. It spent most of the time affirming the Court of Federal Claims’ conclusion that the plaintiff-owners owned property under Georgia law (their
It’s been a long week, and it’s Friday with a filing coming up. So we’re not going to spend a lot of time digesting the Federal Circuit’s opinion in Alford v. United States, No 19-1678 (June 19, 2020). Plus, it is a short one (11 pages) that makes one major point.
Short story: after
Congratulations – if you understood this post’s headline, you are officially a rails-to-trails nerd. A super-nerd.
But even if not, you shouldn’t need a rails-to-trails nerd’s level of knowledge to understand and appreciate the Federal Circuit’s ruling in Caquelin v. United States, No. 19-1385 (May 29, 2020). It’s a case worth reading
Programming note: On the weekend we’ve set aside to remember our nation’s war dead, we thought we’d repost this one, about how Arlington National Cemetery came to be, and how yes, there’s a takings story there.
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You know how we’re always saying that the provisions in the Takings Clause are “self-executing,” that even in
Looking for some property and takings scholarly reading while you cool your heels at home? Well, the William and Mary Law Review has recently published no less than three worthy pieces, all available for download.
Professor Josh Blackman’s posts over at the Volokh Conspiracy on the bump-stock takings case (and follow ups taking a deeper dive into the takings question, see this post, this post, and this post), got us to thinking. So we wrote up our thoughts, in which we noted that we thought the “self-executing”