Articles and books
Takings, Eminent Domain, and Land Use: Sublimating Municipal Home Rule and Separation of Powers in Knick v. Township of Scott, 47 Fordham Urb. L.J. 509 (2020)
Takings and Land Use: Restatement (SCOTUS) of Property: What Happened to Use in Murr v. Wisconsin? 87 UMKC L. Rev. 891 (2019) Takings:
Property and Land Use Law: Back to the Future of Land Use Regulation, 7 Brigham-Kanner Prop. Rts. J. 109 (2018)
Takings and Land Use: Murr v. Wisconsin: The Supreme Court Rewrites Property Rules in Multiple-Parcel Regulatory Takings Cases, 41 Zoning & Planning Law Report 1 (2018)
Sharing Economy and Takings: "Property" and Investment-Backed Expectations in Ridesharing Regulatory Takings Cases, 39 U. Haw. L. Rev. 301 (2017).
Appellate Law: Federal Appellate Practice Manual (Haw. St. Bar Ass'n 2014) (chapters on Briefing - Merits and Amicus, and Supreme Court Review)
Eminent Domain and Takings: Recent Developments in Eminent Domain, 48 Urban Lawyer 939 (2016)
Eminent Domain: The Law of Eminent Domain - A Fifty State Survey (2012) (Hawaii chapter)
Appellate Law: Hawaii Appellate Practice Manual (Haw. St. Bar Ass'n 2012) (chapter on Briefing)
Eminent Domain: Eminent Domain – A Handbook of Condemnation Law (2011) (chapters on Prelitigation Process and Flooding and Erosion)
First Amendment, Government Law: Local Government and the First Amendment at the Supreme Court: Legislative Voting as “Speech” and Union Grievances as “Petitions”, 35 State & Local Law News 1 (Fall, 2011)
Ethics, First Amendment, land use: Supreme Court Preview: Voting as Speech When a Government Official Has a Conflict of Interest - "Analogy Gone Wild" or First Amendment Right?, 34 Zoning & Planning Law Report (Apr. 2011)
Regulatory takings, shoreline law: Of Woodchucks and Prune Yards: A View of Judicial Takings From the Trenches, 35 Vt. L. Rev. 437 (2010) (with Mark M. Murakami and Tred Eyerly)
Condemnation - eminent domain: Recent Developments in Challenging the Right to Take in Eminent Domain, 42 Urban Lawyer 693 (2010)
Condemnation - eminent domain: At the Cutting Edge 2009: Land Use Law from The Urban Lawyer 79–94 (2010 Dwight H. Merriam, ed.) (Recent Developments in Public Use and Pretext in Eminent Domain)
Regulatory takings, shoreline law: Drawing a Line in the Sand: Stop the Beach Renourishment, Inc. v. Florida Dep’t of Envtl. Protection, 33 State & Local Law News 8 (ABA Section of State & Local Gov’t Law, Winter 2010)
Condemnation - eminent domain: Winning Arguments in Challenging the Right-to-Take and Public Use, ALI-ABA Course of Study: Eminent Domain and Land Valuation Litigation (Feb. 2010) (with Dana Berliner and Matthew W. Fellerhoff)
Condemnation - eminent domain: Recent Developments in Public Use and Pretext in Eminent Domain, 41 Urban Lawyer 563 (2009)
Condemnation - eminent domain: Law and Procedure of Eminent Domain in the 50 States (Hawaii chapter), ABA Section on Litigation, Committee on Condemnation, Zoning and Land Use (2006 - 2009) - available on-line for Section members
Constitutional law - land use law: The Ninth Circuit Rediscovers Substantive Due Process in Land Use Cases 31 Zoning & Planning Law Report 11 (Dec. 2008)
Constitutional law - local government law: Because They Can: Judicially Excising the People from the Definition of “County” in the Hawaii Constitution, 31 State & Local Law News 9 (2008)
Vested rights and development agreements: Arrow of Time: Vested Rights, Zoning Estoppel, and Development Agreements in Hawaii, 27 U. Haw. L. Rev. 17 (2004) (with Kenneth R. Kupchak and Gregory W. Kugle)
Legal education: “Hey, Did You Get My E-Mail?” Reflections of a Retro-Grouch in the Computer Age of Legal Education, 44 J. Legal Educ. 233 (1994) (predicting impact of e-mail and the internet on law teaching and practice)
Appellate jurisdiction: A Unified Principle of Appellate Jurisdiction in the Court of Appeals for the Federal Circuit, Bureau of National Affairs (1987) (proposing a standard of appellate review in the Federal Circuit for mixed Little Tucker Act and Federal Tort Claims Act cases)
Civil rights - administrative law: Gaining Access to a Federal Forum: The Preclusive Effect of Unreviewed Administrative Determinations in Section 1983 Actions, 9 U. Haw. L. Rev. 648 (1987) (administrative decisions should not be given preclusive effect in subsequent § 1983 cases)
Evidence: The Admissibility of Hypnosis Enhanced Testimony in Hawaii, 8 U. Haw. L. Rev. 655 (1986) (survey of decisions and commentary regarding memories recovered through hypnosis)
Other publications, papers, and op-eds
Regulatory takings and eminent domain: A Regulatory Takings Glossary (or, How to Translate Property Rights Lawyerspeak) (WMA Reporter, June 2010)
Eminent domain and property rights: Story behind court ruling resonates in isles (book review of Little Pink House - A True Story of Defiance and Courage) (Honolulu Star-Bulletin, Sep. 20, 2009)
Environmental Law: Ruling preserves Navy strength in defense (Honolulu Advertiser, Dec. 4, 2008)
Property rights: Little-noticed decision erodes property rights (Honolulu Advertiser, July 5, 2007)
Eminent domain: Kelo Exposes Deeper Problems With Eminent Domain (Pacific Business News, Feb. 17, 2006)
Property taxes and voting rights: Whose County is it, anyway? (Honolulu Advertiser, Jan. 22, 2006)
Agriculture law and land use: Examining the Impact of Act 5 (Agriculture Hawaii, July - Sept 2006); Protecting Your Right to Farm (Agriculture Hawaii, April - June 2006)
Eminent domain: The Offer You Can't Refuse -- Land, Home Ownership, is Worth Protecting and Fighting For (Honolulu Advertiser, July 3, 2005)
Tort reform, premises liability: Common Sense and Common Law - Who Does The Balancing of Social Utility? (with Kenneth R. Kupchak) (presented and published at the 2004 Joint Annual Meeting of the American and Canadian Colleges of Construction Lawyers about the question of social utility in determining tort standards for premises liability)
