If you ever get the opportunity to teach in a law school — either as a full-time legal scholar, or part-time as an expert adjunct practitioner — take it if you can. You might think you know a lot about a particular subject, but there’s nothing like spending time at the lectern in a law
Judicial Takings
New Article: “Takings, PASH, and the Changing Coastal Environment,” 43 U. Haw. L. Rev. 525 (2021)
Back in February, we were honored to be part of the University of Hawaii Law Review’s symposium “25 Years of PASH,” a retrospective of one of the Hawaii Supreme Court’s most famous (or infamous) decisions, Pub. Access Shoreline Haw. v. Haw. Cnty. Plan. Comm’n, 79 Haw. 425, 903 P.2d 1246 (1993), cert. denied …
Registration Open Now: ALI-CLE Eminent Domain & Land Valuation Litigation Conference, Jan 26-29, 2022, Scottsdale
All the topics you want to know about, presented by top-notch faculty from across the nation. Sessions include:
- Keynote: Do Animals Have Property Rights?
- Did the Supreme Court Signal a New Direction in Property Rights in Cedar Point Nursery?
- Maximizing Relocation Benefits: Understanding the Law and Regulations to Ensure Fairness
- Challenging Public Use: Lessons
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New L Rev Article: “The Dawn of a Judicial Takings Doctrine: Stop the Beach Renourishment v. Florida Department of Environmental Protection,” 75 U. Miami L. Rev. 798 (2021)
Here’s what we’re reading today, a recently-published law review article by Brendan Mackesey, The Dawn of a Judicial Takings Doctrine: Stop the Beach Renourishment, Inc. v. Florida Department of Environmental Protection, 75 U. Miami L. Rev. 798 (2021).
Here’s the Abstract:
In Stop the Beach Renourishment v. Florida Department of Environmental Protection, 130…
Inorganic Fruit: Statute That Allows Creditor To Seize Property From Third Party Rec’d From The Debtor Is A Taking
You just have to love any case that starts with the sentence, “Dried mangoes form the core of this commercial dispute, which involves a Fifth Amendment challenge…” Shades of Horne!
Well, you can add mangoes to your “healthy snack” list (hat tip CJ Roberts) and include the Supreme Court of Guam’s opinion…
Join Us For The 39th Annual ALI-CLE Eminent Domain & Land Valuation Litigation Conference, Jan 26-29, 2022 (Scottsdale, AZ)
All the topics you want to know about, presented by top-notch faculty from across the nation. Sessions include:
- Property Rights as Civil Rights
- Eminent Domain National Update
- Just Relocation: Understanding the Law and Regulations to Ensure Fairness
- Challenging Public Use: Lessons From a 67-Day Trial
- COVID Takings
- Federal Court and the Daubert Challenge: How to
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Fed Cir: No Judicial Taking When CA11 Dismissed Tort Claims
Today’s case: a short per curiam opinion from the Federal Circuit, Straw v. United States, No. 21-1596 (July 14, 2021).
The court affirmed the Court of Federal Claims’ dismissal of a takings claim that alleged that the plaintiff’s property was taken when the Eleventh Circuit affirmed a district court’s dismissal of the plaintiff’s Federal…
Cedar Point Part II: Common Sense (Keep Out) And Common Law (The Right To Exclude)
In this post — the second in a series of deeper dives that we’re posting about last week’s U.S. Supreme Court opinion in Cedar Point Nursery v. Hassid, No. 20-107 (June 23, 2021) — we’ll be covering more on the “right to exclude,” how the Court treated our old frenemy Pruneyard, and how…
New Article: “Takings, PASH, and The Changing Coastal Environment” (U. Haw. L. Rev., forthcoming)
Back in February, we were honored to be part of the University of Hawaii Law Review’s symposium “25 Years of PASH,” a retrospective of one of the Hawaii Supreme Court’s most famous (or infamous) decisions, Pub. Access Shoreline Haw. v. Haw. Cnty. Plan. Comm’n, 79 Haw. 425, 903 P.2d 1246 (1993), cert. denied …
Mark Your Calendars: 2021 Brigham-Kanner Property Rights Conference, Williamsburg, Virginia, Sept 30-Oct 1 (in-person)
Mark your calendars for September 30 – October 1, 2021, and join us at the William and Mary Law School in Williamsburg, Virginia for the 18th Annual Brigham-Kanner Property Rights Conference. It’s planned to be in-person, so when we mean “join us” we really mean join us.
This year the Conference will recognize the lifetime…




