It’s not about eminent domain, land use, or any of the other topics we find fascinating, but it’s worth following: a law blog by a sitting federal judge.
It’s “Hercules and the Umpire,” and is written by Senior District Judge Richard Kopf, of the District of Nebraska. He explains why he’s doing
We’re going to break the “fourth wall” for a moment, since some of our readers have reported issues with the blog loading properly when accessed via the web (www.inversecondemnation.com).
Now this may seem a bit redundant for those of you who already regularly access our content via the web site, but many of
To supplement the HSBA session on amicus briefing, here are some samples:
Hawaii courts
U.S. Supreme Court
It’s been what — just over 90 years — since the U.S. Supreme Court recognized the modern regulatory takings doctrine in Pennsylvania Coal Co. v. Mahon, 260 U.S. 393 (1922)? And in that time, the Court still hasn’t quite hammered down the theory of what it means to “take” property when some other power
Following on the filing of the parties’ briefs on the remand in Arkansas Game from the Supreme Court, is this amici brief filed last week by the the Pacific Legal Foundation, the Cato Institute, the National Federation of Independent Business Small Business Legal Center, and the National Association of Home Builders in support of the
A most interesting case has been briefed and is awating argument in the Hawaii Intermediate Court of Appeals. But first, some background.
In Public Access Shoreline Hawaii v. Hawaii Planning Comm’n, 79 Haw. 25, 903 P.2d 1246 (1995), the Hawaii Supreme Court held “[o]ur examination of the relevant legal developments in Hawaiian history leads
Here are the opinions, briefs, and links from the three Supreme Court cases involving Fifth Amendment takings this term, Arkansas Game & Fish (flooding), Koontz (monetary exactions), and Horne (takings as a defense):
Arkansas Game and Fish Comm’n v. United States, No. 11-597 (Dec. 4, 2012)
Earlier, we wrote about what Hawaii law requires when one of its U.S. Senate seats becomes vacant: the remainder of the term is eventually filled by the vote of the people, but unitl the election is held, the Governor makes a temporary appointment to fill the seat and must appoint from a list provided by
