Due process

Professor Richard Epstein, in his own inimitable and unequivocal style, opines on rent control and the Harmon cert petition in a Federalist Society podcast. A must-listen. Here’s the description:

In March 2011, the Second Circuit Court of Appeals issued summary judgment in Harmon v. Markus, a challenge to New York’s rent stabilization law

In our law review article on Stop the Beach Renourishment, Inc. v. Fla. Dep’t of Environmental Protection, 103 S. Ct. 2592 (2010), we predicted that “the fractured opinions in the case will be a boon for academics who may continue the search for the ‘takings quark’ (if not woodchucks) in the pages of law

Here’s the final amicus brief supporting the petitioner in the case challenging New York City’s rent control ordinance. The case is in the cert stage (we posted the petition here, along with the other three amicus briefs supporting the petition), and although the respondents initially waived their response rights, the Court requested a response

Today’s Honolulu Star-Advertiser carries a story on the Hawaii Supreme Court’s opinion in Hamilton v. Lethem, No. SCWC-27580 (Feb. 7, 2012), the case in which we successfully represented a father who challenged the lack of standards in “show cause” hearings in Family Courts under the Due Process Clause. The court held that Family Courts

Hamilton v. Lethem, No. SCWC-27580 (Feb. 7, 2012), the opinion we posted about here is being hotly debated and discussed at the Volokh Conspiracy blog here.

Barista’s note (since we represented the petitioner): many of the comments on Volokh make judgments about whether Father’s acts constituted “abuse.” However, the point we made in

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

Roxie_logoSan 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

The transcript from today’s arguments in Sackett v. EPA, No. 10-1062. Justice Alito, quoted above (p. 37) was an active questioner. More to come after we’ve read the transcript. Disclosure: Pacific Legal Foundation represents the petitioners; I do PLF’s work in Hawaii.

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