In a recently-published law review article, U. Hawaii lawprof David Callies found that “the Moon Court [1993-2010] decided some of thestate’s most important property and related environmental and Native Hawaiianrights cases in favor of the various non-governmental organizations bringingthem (Sierra Club, Earthjustice, Hawaii’s Thousand Friends, and the NativeHawaiian Legal Corporation) approximately eighty-two percent of
They’re Getting Positively Medieval On Holdout “Nail Houses”
According to “Moats dug around Chinese villagers’ houses to drive them out,” they’re now resorting siege tactics to deal with holdout “nail houses” in southern China:
Forced evictions and land disputes are a major cause of social unrest in China, where there are tens of thousands of mass incidents each year.
This week
Epstein’s Podcast On Koontz: “The Vexed Doctrine Of Unconstitutional Conditions”
Worth listening: a 17-minute podcast by Professor Richard Epstein, with his thoughts — apparently without a script and seemingly in a single breath — on the oral arguments in Koontz v. St Johns River Water Mgmt Dist., No. 11-1447 (cert. granted Oct. 5, 2012).
Download the mp3 here. If that doesn’t work, go
Wednesday Round-Up: Grand Central, Oysters No More, And Originalist Takings
What we’re reading today:
- Grand Central Station and The Takings Clause – from the Constitutional Law Prof Blog, a link to a WNYC/NPR podcast about Grand Central Terminal and the Penn Central takings case. Worth listening, if only to hear the money quote near the end: “you see New Yorkers all the time staking claim
Fed Cir: More Briefing On Arkansas Game & Fish
Here’s the Federal Circuit’s Order for additional briefing in the Arkansas Game & Fish Comm’n v. United States case. As you know, the U.S. Supreme Court earlier reversed the Federal Circuit’s conclusion that government-induced flooding could not be a taking because it was not “permanent, ” and remanded the case to the Federal Circuit for
The Empire Strikes Back: Reaction To UH Lawprof’s Study Of Success Rates In Hawaii Supreme Court Cases
Here’s the inevitable reaction to U. Hawaii law Professor David Callies’ recently-published law review article (and follow-up interview) about the stunning success rates certain parties enjoy in the Hawaii Supreme Court. In that article, the good professor labeled the record of the 1993-2010 Hawaii Supreme Court on property issues “appalling,” so it should come
We Can Try To Understand The New York Times’ Effect On Man (When It Opines On Eminent Domain Law)
Does the editorial board of the New York Times really have the stones to start off its latest editorial about the Takings Clause, “Where Is the Taking?“, with this:
When a city condemns private property to make way for a public highway, that is a classic “taking” for which government must provide “just
Upcoming TeleBriefing On Takings Issues After Arkansas Game & Fish
Mark your calendars for next Friday, January 25, 2013 from noon to 1:00 p.m. Pacific for “Arkansas Game & Fish Commission v. United States: Practical Implications Of The Supreme Court’s Decision,” presented by Law Seminars International.
It’s a discussion of Arkansas Game, the decision in which the Supreme Court held that the
The Good, The Bad, And The Scalia: Koontz Oral Argument Round-Up
In addition to our summary of and reaction to yesterday’s oral arguments in Koontz v. St Johns River Water Mgmt Dist., No. 11-1447 (cert. granted Oct. 5, 2012), here is the leading commentary from other sources:
- Lyle Denniston at SCOTUSblog: “The very idea that an unconstitutional “taking” had occurred to an owner of
Federal Circuit: Denial Of Permit To Fill Wetlands Might Be A Taking
Okay, all you “relevant parcel” mavens, here’s another decision for you (once again involving land in Florida, although, unlike the other case which came out of the Florida court of appeals, this one is out of the U.S. Court of Appeals for the Federal Circuit) .
These decisions provide a measure of sanity to the