It takes a bit of work to work your way through the Arizona statute being challenged in the U.S. Court of Appeals’ opinion in CDK Globall LLC v. Brnovich, No. 20-16469 (Oct. 25, 2021). But we recommend you read the opinion and do the work nonetheless, because it tells us something about the way
The Buried Takings Lede In NYT Op-Ed That SCOTUS “Has Gone Off the Rails”
We don’t read the New York Times all that much these days, but we couldn’t resist commenting on the recent op-ed authored by a former federal government lawyer that takes issue with recent decisions by the U.S. Supreme Court, “The Supreme Court Has Gone Off the Rails” (Oct. 4, 2021).
On one hand
2021 Brigham-Kanner Property Rights Conference (Sep. 30 – Oct. 1, 2021) – Still Time To Join Us
There’s still plenty of time to register and join us for the 18th Annual Brigham-Kanner Property Rights Conference at the William and Mary Law School, Thursday and Friday, September 30 and October 1, 2021.
Yes, you may attend in-person, or remotely. The registration fees are very reasonable, ranging from $0 (yes, free!) to $200
Cert Petition: It Should Matter When A Profit-Making Enterprise Is Sacrificed For A Third Party
Here’s the pending cert petition asking the Supreme Court to take up (pun intended) a case involving a Penn Central taking.
This is another one of the cases from the big auto bailout/takeover. The plaintiffs are (former) Chrysler dealers whose dealership franchise contracts were sloughed off as part of the $38 billion federal bailout of
New Comment: Cedar Point – “A New Test Or Merely A New Name For Some Regulatory Takings?”
Check this out. A short online comment at the Yale Journal on Regulation by Judge Thomas Griffith, “A New Test Or Merely A New Name For Some Regulatory Takings?“
The comment addresses the notion that the Supreme Court in Cedar Point shuffled up takings doctrine:
Much of the commentary about the Supreme
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
Takings Maven Dream Job® (x2): Property Rights Constitutional Litigator at Pacific Legal Foundation
You’ve got big dreams, you want fame…
If so, here’s your chance: two (2!) Takings Maven Dream Jobs® are now available.
Pacific Legal Foundation requesting applications for positions as a Property Rights Constitutional Litigator. Job description includes “You will find and win the next important Supreme Court property rights case.”
What The Deus Ex Machina? – Federal Court Complaint: California’s Eviction Moratorium Is A Taking
According to that trustworthy source Wikipedia, in drama, the term deus ex machina (“God from the machine”) “is a plot device whereby a seemingly unsolvable problem in a story is suddenly and abruptly resolved by an unexpected and unlikely occurrence. Its function is generally to resolve an otherwise irresolvable plot situation, to surprise the
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