October 2011

On behalf of the Star-Advertiser, today we filed a motion for summary judgment in the case which seeks disclosure of the JSC list from the Governor. More here from the Star-Advertiser. The hearing is set for November 9, 2011.

The Complaint is posted here, and the Governor’s Answer is posted here.

Motion for Summary Judgment, Star-Advertiser v Abercrombie, No. 11-1-1871-08 (filed 10-18-2011)Continue Reading Motion For Summary Judgment In JSC List Case

Here are all the posts from the 8th Annual Brigham-Kanner Property Rights Conference, held this year in Beijing, China:

        HeaderContinue Reading Brigham-Kanner Property Law Conference (Beijing)

        At the U.S. Embassy in Beijing last Thursday, Justice Sandra Day O’Connor was presented this year’s Brigham-Kanner prize. She was not able to attend in person, so delivered her acceptance speech by videotape. In her talk, she discussed the property-related opinions which she either authored or joined, including Midkiff, Nollan, Dolan, Yee, and Kelo

        The B-K Conference was not simply a celebration of her writings, and there was frank discussion of whether her opinions helped or hurt property owners overall. More on that in a separate post. Continue Reading Brigham-Kanner Conference: Justice O’Connor’s Acceptance Speech

        Yosemite_conference One conference down, one to go.

        We’re on the way back from the Brigham-Kanner Property Rights Conference in Beijing, and on our way to the California State Bar Environmental Law Section’s annual conference at Yosemite N.P., which begins later this week. More information about the conference here.

        Along with U.C. Berkeley law professor Joseph Sax and Deputy California Attorney General Daniel L. Siegel, I will be speaking about “Regulatory Takings: Looking Back and Looking Forward.” E. Clement Shute will moderate the panel discussion.

        We will be discussing the seminal regulatory takings cases from the past 20 years. “The panelists, who have been involved in several of the most significant takings cases since even before the founding of the annual Yosemite Environmental Law Conference twenty years ago, will highlight key decisions, offer their views on the evolution of takings law, and discuss cutting-edge issues raised by more recent

        Continue Reading California Bar’s Yosemite Conference: “Regulatory Takings: Looking Back and Looking Forward”

        There were many memorable moments and quotes during the three-plus days of the Brigham-Kanner Property Rights Conference in Beijing. But perhaps the most telling came our way second-hand from an ear witness:

        At the farewell banquet, a prominent American lawyer was toasting the Tsinghua University Law School students, raising his class with the salute “to the future leaders of China!”

        A Tsinghua dean acknowledged the toast, raised his own glass and interjected: “to the future leaders of the world!”Continue Reading Brigham-Kanner Conference: Most Telling Quote

        Well, we were beset by a series of technical difficulties yesterday (the internet connection suddenly spit us out, we were unable to log back on, our laptop just shut off, followed by mysterious battery problems), so we were not able to continue the live blog.(Was it something we said?)

        That’s ok, since by then it was 2 am ET, and I suspect no one but the hardest core of takings nerds were up in the wee hours of Saturday following a live blog. Or at least I hope not.

        What we’ll do instead is post a few of the photos we were able to take (stand by for more from W&M’s professional photographer who is accompanying us), and in a subsequent post (today’s a tour day) summarize our thoughts about this most unusual legal conference.

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        Tsinghua Law School

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        Professor Henry Smith (Harvard) speaking on custom
        and the developing law of

        Continue Reading Brigham-Kanner Property Rights Conference – Second Day Photos

        We break from our Brigham-Kanner Conference programming to bring you this development. The U.S. Court of Appeals for the Federal Circuit has issued its first post-Tohono O’Odham Nation v. United States opinion, Trusted Integration, Inc. v. United States, No. 2010-5142 (Oct. 14, 2011), involving the Court of Federal Claims’ subject matter jurisdiction under 28 U.S.C. § 1500.

        Haven’t had a chance to read it yet to see if there’s anything there of interest to takings lawyers, but thought we’d post it up just in case. Continue Reading Federal Circuit: First Post-Tohono O’odham CFC Jurisdiction Opinion

        Most interesting comments at tonight’s event awarding the Brigham-Kanner prize to Justice (Ret.) Sandra Day O’Connor were the remarks by the Dean of Tsinghua Law School.

        “When you amended your Constitution for the first time,” he noted, “you protected things such as speech. When China amended its Constitution for the first time, we protected property.”Continue Reading Brigham-Kanner Conference: In China, Property Rights Are In The First Amendment

        Live blogging the second day of the Brigham-Kanner Property Rights Conference from the moot courtroom at Tsinghua Law School, Beijing PRC.

        Continue Reading Brigham-Kanner Property Rights Conference – Live Blog Second Day