Uncategorized

This image has an empty alt attribute; its file name is BK-header-1-650x344.jpg

  • Vicki Been, Judge Edward Weinfeld Professor of Law and Co-Director, Furman Center for Real Estate & Urban Policy, NYU School of Law
  • James Burling, Vice President of Legal Affairs, Pacific Legal Foundation
  • David L. Callies, Benjamin A. Kudo Professor of Law, Emeritus, Richardson School of Law, University of Hawaii
  • James W. Ely, Jr., Milton R. Underwood Professor of Law, Emeritus, Professor of History, Emeritus, Vanderbilt University
  • Lee Anne Fennell, Max Pam Professor of Law, University of Chicago Law School
  • M. Nolan Gray, Senior Director of Legislation & Research, California YIMBY

In addition to the Friday speaking panels, on Thursday, October 23, the William and Mary Law School Real Estate Law Society (a student organization) is presenting a “re-argument” of the Supreme Court arguments in Kelo v. New London, in recognition of that case’s twentieth anniversary. Arguing for Susette Kelo will be her lawyer in the real case, the Institute for Justice. The Justices will be property law professors and eminent domain practitioners. 

Will the Moot Supreme Court reach a different outcome with the benefit of two decades of experience and hindsight? This event is open to the public, so please join us and find out! 

… Continue Reading 2025 Brigham-Kanner Property Rights Conference Speakers
https://www.youtube.com/watch?v=Cs5vUfddkT8u0026t=1s

Every year at this time, it seems, we realize once again that as you get older, you overlook birthdays. Time speeds up, or maybe slows down. Very Proustian.

Thus, it occurred to us only yesterday that that this blog’s “birthday” was looming and we almost let it slip by without notice.

It hardly seems…

It’s not quite “Yes Virginia…” but here is our annual Independence Day missive on the legal angle on the Declaration. This may have special significance as the nation is in the process of reexamining many of our assumptions and history. But though the Founders may have been flawed individuals — as we all are — there’s really no question about the ideas they captured, and, thankfully, put down on for posterity.
Continue Reading The Verified Complaint In Equity: The Declaration Of Independence, v.249

Programming note: On the weekend we’ve set aside to remember our nation’s war dead, we thought we’d repost this one, about how Arlington National Cemetery came to be, and how yes, there’s a takings story there.

———————————————————

LastbattlebookYou know how we’re always saying that the provisions in the Takings Clause are “self-executing,” that even in

…

With our tongues firmly planted in cheeks, the Planning Chairs for the upcoming 42d edition of this popular and venerable Conference bring you this “breaking news” report from San Diego!

As you know, in addition to being the best nationally-focused conference on the subjects that we love and a venue that is nearly certain to…

As we bid farewell to another calendar year, our mind wanders back over the last 364 days in an attempt to ascribe meaning, or even a theme — some connecting tissue — to what the scientists tell is is just the rotation of the earth.

There were judicial opinions good, bad, and just…

Our colleagues at the Institute for Justice–the same firm that represented Susette Kelo in her oh-so-close run at clearing up the Public Use requirement in eminent domain, today filed this cert petition in which they take another run. We will let you savor the wine and find out about the case and the arguments by …