Here’s the latest in the remaining federal court challenge to Hawaii Governor David Ige’s coronavirus-related series of orders which, among other things, suspended a wide range of statutes, ordered activities deemed “nonessential” to stop or be limited, imposed a two-week self-quarantine on interisland, mainland, and international travelers, effectively shut down one of the main engines
Video: “Lockdown, Testing and Tracking: Are They Really Legal?” (A Look At Hawaii’s COVID Response)
Here’s the recording of our webinar from earlier this week, in which we and fellow Honolulu lawyer Jeff Portnoy did our best to address some of the many questions that have arisen during the coronavirus shut-down.
Jeffrey Portnoy and Robert Thomas talked about what we can expect as the state and counties slowly lift
One Left: Lawsuit Challenging Hawaii Gov’s COVID Orders Voluntarily Dismissed … And Other Developments
Important developments in the two lawsuits that are on file challenging Hawaii Governor David Ige’s emergency proclamation and myriad supplemental proclamations.
First, we were all set to post the briefs and summarize the arguments for tomorrow’s scheduled U.S. District Court hearing on a motion for preliminary injunction in the first case when earlier today, the
Federal Court To USA In Hawaii Quarantine Challenge: Explain Why You Filed P&I Right To Travel Amicus, When Plaintiffs Didn’t Raise P&I Right To Travel In The Complaint
Yesterday, in the second of two cases that we’ve been following (both of which are in the U.S. District Court for the District of Hawaii, and are challenging the Hawaii Governor’s coronavirus-related shutdown orders for a variety of reasons, see For Our Rights v. Ige (assigned to Judge Watson) and Carmichael v. Ige (assigned to
New Article: “Hoist the Yellow Flag and Spam® Up: The Separation of Powers Limitation on Hawaii’s Emergency Authority” (U. Haw. L. Rev. forthcoming 2020)
The University of Hawaii Law Review has graciously agreed to publish an article we’ve been working on, “Hoist the Yellow Flag and Spam® Up: The Separation of Powers Limitation on Hawaii’s Emergency Authority,” 43 U. Haw. L. Rev. ___ (forthcoming 2020) (download from SSRN at the link).
The article takes a deeper dive
New (Hawaii) Complaint: Coronavirus Orders Violate Right To Travel, Equal Protection, Due Process (And More)
Update: our thoughts on the Hawaii-law claims in this article, “Hoist the Yellow Flag and Spam® Up: The Separation of Powers Limitation on Hawaii’s Emergency Authority,” 43 U. Haw. L. Rev. ___ (forthcoming 2020).
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Here’s the second complaint filed in the U.S. District Court for the District of Hawaii challenging the governor’s
Fifth Circuit: Texas Groundwater Rights Are Takings Clause “Property”
There’s a lot of opinion in the U.S. Court’s of Appeals’ opinion in Stratta v. Roe, No. 18-50994 (May 29, 2020). Yes, the court reversed the district court’s dismissal of a takings claim. But most of the opinion is devoted to the question of whether a Texas water conservation board — an agency whose
Two More Complaints Challenging Shut-Down Orders As Takings (Md, Nev)
“The Cornfield” at Antietam
Two more complaints that challenge state-ordered shut-down orders as takings. The first from Maryland, the second from across the country in Nevada. These join an ever-growing list of such lawsuits. See here, here, here, here and here, for example.
We set out what we think
Record Attendance (But There’s Still Time For You Last-Minute Filers) At Nashville ALI-CLE Eminent Domain Conference
Picture 1: how normal people see pie.
Picture 2: how you see pie if you’re coming to the
ALI-CLE Eminent Domain Conference.
If you get the above, you probably are already set to join us next week for the 37th Annual ALI-CLE Eminent Domain and Land Valuation Litigation Conference in Nashville. (If not, shame on