Property rights

FrankLUI Co-Chair Prof. Frank Schnidman introducing the faculty

Here are the links to the cases and issues that we just finished speaking about at the 35th Annual Land Use Institute (more information on the LUI here). Today was day 1 of a multi-day remote program and the sessions are available ala carte, so there’s still

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

As we’ve said before, you don’t need to know much about takings doctrine to understand that a challenge wherein the property alleged to have been taken are “bump stocks” — devices that allow rapid activation of a semi-automatic rifle such that it roughly imitates a fully-automatic weapon — to understand that courts

PXL_20211001_131054682Joe Waldo leading off the Conference with a remembrance of
Toby Prince Brigham, for the eminent property rights practitioner
for whom the Conference is named.

I was honored to speak today at the 2021 Brigham-Kanner Property Rights Conference, and here’s a rough transcript of my remarks.

Seeking Justice Through Just Compensation

Dean Spencer, Professor

IS WM

Next Tuesday, September 28, starting at 12:50pm ET, we’ll be moderating a talk sponsored by the William and Mary Law School chapter of the Federalist Society.

Professor Ilya Somin, a nationally-recognized expert in eminent domain, takings, and related topics, is zooming in to speak about “Cedar Point Nursery v. Hassid and the Future

In case you missed it live, here’s the recording of the recent one-hour program on “The Future of Regulatory Takings at the Supreme Court,” featuring our colleagues Joshua Thompson (Pacific Legal Foundation) and Paul Utrecht (Utrecht & Lenvin, LLP), with Jim Burling (PLF) moderating.

The program discussed Cedar Point Nursery v. Hassid

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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

There’s a lot going on in this cert petition, recently filed. More fallout from the big auto bailouts. Regulatory vs physical takings. And more.

But what really grabs our attention starts on page 35. There, the petition asserts the property owner’s loss in this case is just part of a bigger picture in which

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

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Check this out, the latest from lawprof Lee Anne Fennell, her thoughts on the Supreme Court’s Cedar Point decision, “Escape Room: Implicit Takings After Cedar Point,” forthcoming in the Duke Journal of Constitutional Law & Public Policy.

Here’s the abstract:

In the June 2021 case of Cedar Point Nursery v. Hassid, the