Now that the Supreme Court’s first arguments of this Term are in the books, you can read the transcript, or listen to the recording (mp3) (or stream it above). This is Sackett v. EPA, a case that has been to the Court before, where it unanimously held that the Sacketts could ask a
New Takings Cert Petition: Can An Agency Decide Constitutionality Of Delegation Of Federal Eminent Domain Power?
Here’s a recently-filed cert petition in a pipeline case. This one asks whether an agency — here, FERC — has primary administrative jurisdiction over a facial challenge to Congress’ delegation of federal eminent domain authority to a private party.
Here are the Questions Presented:
Whether a facial challenge to Congress’s delegation of eminent domain power
New Article: “Warranted Exclusion: A Case for a Fouth Amendment Built on the Right to Exclude”
Check this out: a new article from lawprof Mailyn Fidler (U Nebraska SOL), “Warranted Exclusion: A Case for a Fourth Amendment Built on the Right to Exclude,” 76 SMU L. Rev. ___ (2023) (forthcoming).
The Abstract:
Searches intrude; fundamentally, they infringe on a right to exclude. So that right should form the basis
Brigham-Kanner Property Rights Conference 2022 Report: It’s Chief Justice Roberts’ Property World, We Just Live In It
We spoke on the second panel of the day at the 2022 Brigham-Kanner Property Rights Conference at the William and Mary Law School. The subject of our panel — which included Professors David Callies, Tim Mulvaney, and Dave Owen — was “Reshaping the Framework Protecting Property Under the Roberts Court.“
Here’s a rough
2022 Brigham-Kanner Property Rights Conference Underway
We’re underway with the 19th Annual Brigham-Kanner Property Rights Conference at the William and Mary Law School. Here is 2022 B-K Prizewinner James Burling opening the presentations. More to follow as we make our way through the day’s programming.
Connecticut’s 1801 Sale Of Tribal Land Was Not A Taking
The facts of the Connecticut Appellate Court’s opinion in Schaghticoke Tribal Nation v. Connecticut, No. AC 43811 (Sep. 27, 2022), really stand out.
Back in the day — and we mean waaaaay back in the day — as in 1801! — the State of Connecticut sold some land which in 1752 (!) the Colony
Viewing Social Media Content Censorship Through The Takings Lens
We were all set to write a deep and insightful takings analysis of the U.S. Court of Appeals’ recent opinion in Net Choice, LLC v. Paxton, No. 21-51178 (Sep. 16, 2022), a challenge by the major social media platforms to a Texas statute that limits the platforms’ ability to censor speech or “de-platform” (kick
The Pursuit Of Happiness, Or Property? Asking T. Jeff The Tough Questions
Introduced on George Wythe’s steps.
One of the (many) great things about teaching and studying law at the William and Mary Law School is the location. A short walk from historic Williamsburg, the Law School (the nation’s first law school, by the way) is at the center of where some very important property
I Made A Takings Claim And All I Got Was This Lousy Opinion On Article III Standing
Coulda been worse.
When the Third Circuit’s published opinion in Yaw v. Delaware River Basin Comm’n, No. 21-2316 (Sep. 16, 2022) popped up in our feed we got a slight frisson in anticipation – a claim that the Commission’s banning of fracking was a taking.Thank you Knick for opening the federal courts
Jon Houghton On Regulatory Takings – Eminent Domain Podcast
Clint Schumacher’s Eminent Domain podcast is one of those things that we almost shouldn’t post about. After all, every episode is worth your time. But this one is especially good. After all, it features our law firm colleague and friend Jon Houghton, discussing what you all know is one of our fave topics, regulatory