Our Louisiana friends have a great word — lagniappe — that we’re not sure we understand precisely, but to us has always meant that little something extra. As Mark Twain wrote, “[i]t is the equivalent of the thirteenth roll in a ‘baker’s dozen.’ It is something thrown in, gratis, for good measure.” As far as
Hawaii AG: For The Hearing At Which I Will Argue That Indoor In-Person Gatherings Are Dangerous, Let’s Gather Indoors In-Person!
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
Should Takings Mavens Follow The Latest Eminent Domain Case At SCOTUS?
Short answer: yes, with a caveat. For why there’s an asterisk on this one, take a look at the Supreme Court’s electronic docket for PennEast Pipeline Co., LLC v. New Jersey, No. 19-1039 (cert. petition Feb. 20, 2020) (a case we’ve been following), and tell me whether you think there’s anything unusual about
NC: There Isn’t Just One Way To Value An “Indefinite Negative Easement”
Back in December — only a few months ago, yet it seems like another world away — we attended oral arguments in Raleigh in a case we’ve been following for a long time, about North Carolina’s “Map Act.”
This case is the follow up (after remand) of the N.C. Supreme Court’s landmark decision in Kirby
How Property Law Helped To Save Hawaii’s Mother’s Day
As we understand it, at some of our leading law schools the basic Property course is no longer a required 1L course. It’s an elective. Quelle horreur!
We think that’s a bad idea. Our Property I course (a 4-credit one-semester monster) is where we learned about things like treasure trove (finders, keepers –
Take It Easy: Today Is Hawaii’s Secular Good Friday Holiday
Even if the world were open today, the doors to most Hawaii state, county, and city offices would still be locked. Because today is the day that Hawaii celebrates Good Friday.
Yes, Good Friday is an an official state-sanctioned holiday in the 808 area code, so we’re reposting our annual recounting of how it
CA4: No, Your Dog Being Killed By Adopted Violent Shelter Dog Isn’t A Taking
Suppose you’re walking your pooch “Kaiser” in the local dog park. Another owner is walking his dog “Odin” in the same park. Off-leash Odin attacks you and Kaiser, unfortunately killing Kaiser.
Those bastards took Kaiser, my property! A total wipeout Lucas taking (after all, you plainly have been 100% deprived of both the use and
First Takings Lawsuit Challenging Business Shut-Down Order
Well, here it is. What looks like the first complaint to be filed challenging a state governor’s order to shut down businesses to “flatten the curve.”
The complaint seeks class action status, and raises section 1983, due process, and Fifth and Fourteenth Amendment takings claims. It seeks damages, compensation, a declaratory judgment, and, interestingly, an
“And although they may be poor, not a man shall be a slave” – A Brief Visit To The Birthplace Of A More Perfect Union
As we noted recently, our spring William and Mary Law course is taking a look at the role of property rights in the debates about the ratification of the U.S. Constitution and the political atmosphere from the founding to the Civil War. Being able to studying these subject in Williamsburg is even better, because we’re
Complaint: Honolulu Sues Gas Companies (For Nuisance) To Recover The Cost Of Sea-Level Rise
Make what you will of this 205-paragraph, 114 page (including 128 footnotes) Complaint, filed yesterday by the Acting Corporation Counsel for the City and County of Honolulu and a battery of outside lawyers against gasoline producers, alleging that they are responsible to pay the costs of sea-level rise and other symptoms of what the