The place hasn't changed that much since 1980, has it?
As you know, the legendary Gideon Kanner left us in November. The tributes continue to be published. You've no doubt seen our remembrance of Professor K, as well as this one from Southern California Appellate News, this memorial from Loyola Law, our colleague Charles McFarland's thoughts, and Professor Kanner's colleagues at the Owners Counsel of America.
Or maybe you've read his final law journal article, or listened to his final media appearance on the Bound by Oath podcast.
But one of the ways we're remembering Gideon is by listening to the recording of his U.S. Supreme Court oral arguments in Agins v. City of Tiburon, 447 U.S. 255 (1980) (stream it above, or listen at Oyez here). Professor Kanner at his full-throated best!
Argued in the spring of 1980 and decided two months later, Agins involved the downzoning of land in a chi-chi part of the San Francisco Bay Area. Gideon may not have won that case, and one-half of the Agins test (a regulation is a taking if it fails to substantially advance a legitimate state interest) was clipped in Lingle v. Chevron U.S.A., but we think the court of history has borne out his arguments pretty well. See Lucas and First English if you have any doubts.
