Bismarck in January is looking pretty good.
Here’s what we’re reading today:
What is a case about the U.S. Court of Appeals for the Fifth Circuit’s en banc opinion on the FDA’s approval procedures for e-cigarettes, Wages and White Lion Invs, L.L.C. v. Food & Drug Admin., No. 21-60766 (Jan. 3, 2023), doing here?
We consider it worthy of your time and post it here
How thrilled are we that an alum of our William and Mary Law School courses, up-and-coming Colorado property lawyer Makenna X. Johnson, has published an article in the area of law we all love (dirt law)?
Let’s just say that we’re thrilled. Makenna writes:
Colorado’s real property tax system resembles Minnesota’s principally in
Get ready for Sheetz v. El Dorado County, No. 22-1074, the “legislative exactions” case at the Supreme Court. [Disclosure: this is one of our firm’s cases, so we won’t be doing an analysis here. Besides, you already know where we stand on the issue.]
As you may remember, from time to time we’ve visited the sites of well-known dirt law cases. Kaiser Aetna, Loretto, Mahon, PruneYard, Chicago Burlington, the High Line, Dolan, Nollan, Seneca Village, and Hadacheck are the ones that readily come to mind.
Yes, we have a lot
We’re not going to go into very much detail or provide commentary on the Hawaii Supreme Court’s unanimous 88-page opinion in an eminent domain case we’ve been following, City and County of Honolulu v. Victoria Ward, Ltd., No. SCAP-22-0000335 (Dec. 29, 2023), because before we departed private practice for public interest law
As of today, the copyright protection for the “Steamboat Willie” version of Mickey Mouse has lapsed, meaning it is in the public domain.
What can and can’t you do with this, as of January 1, 2024? As Duke lawprof Jennifer Jenkins writes as “Mickey, Disney, and the Public Domain:
As 2023 comes to a close, here are a few of the decisions that we wanted to blog about, but didn’t have the time.
Here are the cases that Michael Berger and I discussed in today’s presentation to the ABA State and Local Government Law Section’s Land Use group. It was good seeing everyone, even virtually:
A must-read from Professor James Ely, “to protect all the essential elements of ownership:” Late Nineteenth Century Emergence of the Regulatory Takings Doctrine, 13 Brigham-Kanner Prop. Rts. J. ___ (forthcoming 2024).
Professor Ely, who presented this paper at the recent Brigham-Kanner Property Rights Conference, lays out the case that the regulatory takings
