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Two items from land use guru Lawprof Daniel Mandelker:

  • A link to his resource web site, appropriately titled “Land Use Law.” It’s where we go to keep up with all of the land use and related (including takings) stuff.  Includes photos of the sites in key casess (like our “takings piligrimages“), the newest decisions and articles related to land use law, and links to other resources. Frequently updated. We’re adding it to our “Links” sidebar (scroll about halfway down our page on the right). Our suggestion: visit frequently. We’ve done so for a number of years, and you should also.
  • Also, Professor Mandelker just published the above book, “The Law of the Fourteenth Amendment.” And we must say that the cover has has the best photo of the U.S. Supreme Court building that we’ve ever seen. Absolutely the best! (All kidding aside, thanks

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Continue Reading New Resource, New Book (The Law of the Fourteenth Amendment)

Survey

A lot of you read or get published in The Urban Lawyer, the scholarly journal published the ABA’s Section of State and Local Government Law (my Section). It’s our flagship publication: it is published quarterly, and has the largest circulation of any journal devoted to the Section’s subjects. A subscription is included as part of your Section membership. 

Publishing has changed a lot since the journal was first published half a century ago, and we’ve commissioned a short survey to ask readers and authors in which direction they want the journal, and our other Section publications (State and Local Law News (the newsletter), and the e-News (a monthly quick update) to go. 

So please take a couple of minutes, and complete the survey. It won’t take long. Tell us what you want — a hard copy delivered to your mailbox like now, a searchable pdf version…

Continue Reading Urban Lawyer Survey

Topdowloads

We received a nice (although automatic) email note this morning from SSRN, letting us know that our draft article on Murr v. Wisconsin, Restatement (SCOTUS) of Property: What Happened to Use in Murr v. Wisconsin?, “was recently listed on SSRN’s Top Ten download list for: Property, Land Use & Real Estate Law eJournal.”

Before we got too excited, we remembered that this means only that the article has been downloaded a grand total of 58 times. Which tells us that the “Property, Land Use & Real Estate Law eJournal” is a pretty niche market. But hey, we’ll take accolades where we can get them. We’re at the bottom end of the list, but are just happy to be in such stellar company.  Check it out: there are other things on the list that takings mavens will like reading. Like this article. And this one.  Continue Reading We’re Number 10! We’re Number … 10?

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Here are links to the cases and other materials which I mentioned today in our session at the Transportation Research Board‘s 56th Annual Workshop on Transportation Law in Salt Lake City:

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Continue Reading Links And Materials From Today’s TRB Eminent Domain Session

ALI Murr Title Card

Thank you if you were able to join us earlier today for ALI CLE’s webinar, “The U.S. Supreme Court and Property Rights – Murr v. Wisconsin: The ‘Larger Parcel” Issue and the Future of Regulatory Takings,” our first comprehensive look at the U.S. Supreme Court’s recent decision on the “larger parcel” or denominator in regulatory takings, with Sara Beachy, Michael Berger, Steven Eagle, and John Groen. 

Here are links to some of the materials which our speakers discussed: 

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Continue Reading Links To Cases And Materials From Today’s ALI CLE Webinar On Murr v. Wisconsin

SSRN

 A couple of weeks ago, we noted that the Supreme Court’s recent decision in Murr v. Wisconsin would no doubt be a boon for law review editors. To avoid shirking our duty, we’ve spent the interim doing some writing, adding a drop to the flood. First draft done, posted on SSRN here. 

Emphasis on “draft,” so send your comments. Continue Reading Restatement (SCOTUS) of Property: What Happened to Use in Murr v. Wisconsin?

Update 7/24/2017: Here is our contribution to the article scene.

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Someone (I think it was Professor Ilya Somin [update: confirmed – he noted it here]) recently noted that if nothing else, the U.S. Supreme Court’s decision in Murr v. Wisconsin will be a boon for law professors looking for something to fill up law journals. Sidebar: here’s a link to some of the commentary so far on Murr.

And not only for lawprofs, we hope. Their stuff can be useful, but we think there’s a need for those of us in the practicing Bar to contribute as well. We often complain that legal scholarship isn’t of much use to us down in the trenches, so here’s one chance to address that. Stop kvetching and start writing! I’ll do my part, and am currently underway with an article that I anticipate will make three main points:

First…

Continue Reading Murr: The Law Review Editors’ Full Employment Act

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Earlier this year, I had the honor of moderating a panel speaking about transportation sharing legal issues at the University of Hawaii Law Review‘s sharing economy symposium. The editors have been hard at work since, and the symposium issue is being printed as we speak.

They also permitted me to pen this little missive, a short essay in which I discuss several recent cases about transportation sharing to illustrate what I see as one of the problems with how regulatory takings claims are framed. 

This essay will review several cases which the sharing economy has thus far produced, cases where taxicab companies have sued municipalities for allowing ridesharing services to operate without medallions, most often employing a regulatory takings theory. I argue that the approach employed by these courts wrongly focus on the property interests involved, rather than where the real analytical question resides: what are the investment-backed expectations…

Continue Reading New Article: “Property” And Investment-Backed Expectations In Ridesharing Regulatory Takings Claims

As readers may be aware, I’ll be taking over as Chair of the ABA’s Section of State and Local Government Law in a couple of months. I understand that many of my colleagues do not see the value in ABA participation, and I’ve explained why I do so here. It’s been a wonderful way for me to meet colleagues from around the nation, develop professional skills, learn about areas of law which I should know but do not practice. In short, it’s made me a better lawyer. If you aren’t participating, you really should consider it.  

We sent out a call for leaders this morning via email, and I’m reproducing it here for those of you who may be interested in joining our little enterprise but who didn’t get the email. 

Come, join us. 

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Volunteer! Network with colleagues! Develop professional strengths, add to…

Continue Reading State & Local Govt Law Section Is Looking For Leaders