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
Hear Me! Hear This! This Was Not Written For Chiefs! – Happy Constitution Day 2022
On the day we celebrate Constitution Day (or should we say Khaaaaan-stitution Day?) we have to admit that pretty much nothing beats One Named Kirk’s reading of the Preamble.
KIRK: This was not written for chiefs.Hear me! Hear this! Among my people, we carry many such words as this from many lands
Still Time To Join Us (In-Person Or Remote) For The 19th Annual Brigham-Kanner Property Rights Conference
One last reminder that there’ still time to register for the upcoming Brigham-Kanner Property Rights Conference at the William and Mary Law School in Williamsburg, Virginia, September 29-30, 2022. If you can’t make it to the historic campus, there’s an option to attend remotely.
In our opinion, the Conference is the best of its kind
CA6: No “Police Power” Exception To Takings (But It’s Nonetheless Dispositive As Penn Central’s Character)
A short one (unpublished) from the U.S. Court of Appeals for the Sixth Circuit, considering an issue we’ve been following: what is the effect of the government’s claim that it is regulating property for what looks like a valid “police power” purpose?
As noted, that’s a road we’ve been down before. Here’s a sampling:
New Symposium: Northwestern L. Rev.’s Property Issue
Be sure to check out Northwestern Law Review’s symposium issue on “Reimagining Property Rights in the Era of Inequality.” which brought together “scholars of legal history, property, tax, land use, fair housing, environmental law, natural resources and water rights, family law, education, and constitutional law, to highlight new scholarship at the intersection of