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Our Damon Key colleague Bethany C.K. Ace, is the Chair of the Hawaii State Bar Association’s Section of Appellate Law, and sends along this reminder of the Section’s monthly meeting and program: 

Oral Arguments – Tips and Insights
Monday, March 3, 2014
12 noon – 1:00 p.m.
HSBA Conference Room
1100 Alakea Street, 10th Floor

Bethany writes that this will be “a distinguished panel who will share some of their wisdom, wit and war stories on oral arguments from both sides of the bench and across a wide variety of practice areas:  Justice Jim Duffy (Ret.), Janice Kim, Paul Alston, and Chuck Crumpton. Come ready with questions for a lively, interactive discussion!  Our original programming on recent appellate procedure decisions will be covered in a special February/March edition of the Appellate Record newsletter.”

RSVP to Bethany if you’d like to attend. Continue Reading Upcoming HSBA Appellate Section Program: “Oral Arguments – Tips And Insights”

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Here are the links from today’s session on “They’ll Take My Big Gulp From My Cold Dead Hands – Public Health, the Police Power, and the Nanny State” at the ABA Midyear meeting in Chicago.

Joining me was Sarah Conly, Professor of Philosophy at Bowdoin College, author of “Against Autonomy: Justifying Coercive Paternalism;” Alderman George Cardenas, who represents Chicago’s 12th Ward; and Walter Olson, Senior Fellow at the Cato Institute’s Center for Constitutional Studies, and guru of the “Overlawyered” blog. 

And was it cold out today, you ask? Affirmative.

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Continue Reading Three Cheers For Our ABA Program On “Coercive Paternalism” And The Nanny State

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It has been published for a couple of months, but we finally got our hands on an author’s copy of the Hawaii State Bar Association’s Federal Appellate Practice Manual. We authored the chapters on “Briefing – Merits and Amicus” and “Supreme Court Review.”

Our fellow Damon Key lawyers Bethany Ace, Mark Murakami, and Kumau Pineda-Akiona also contributed chapters (“Requisites to Filing an Appeal” (Ace, Murakami, Pineda-Akiona), and “Other Appellate Court Practice” (Ace)).

It’s a compact deskbook, and a worthy supplement to the Federal Rules and the big-volume appellate practice treatises, with a special focus on how Hawaii-based lawyers do appeals in the federal court system.

To get your own copy, use this form, or contact Bethany (currently the Chair of the HSBA’s Appellate Law Section) if you have problems, or just want to do it the semi-old fashioned way and…

Continue Reading Hawaii State Bar Association’s Federal Appellate Practice Guide

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Next Thursday, February 6, 2014, we’ll be in Chicago to moderate an American Bar Association discussion/debate on a topic that’s not our usual takings-eminent domain-land use stuff, but is still one of the hotter topics around. “They’ll Take My Big Gulp From My Cold Dead Hands” is an hour-and-a-half with three experts in “Public Health, the Police Power, and the Nanny State,” to quote our subtitle. (Yes, we realize that New York City’s ban actually exempted Big Gulps® but hey, it’s a catchy title.)

Joining me for the discussion:

  • Walter Olson, Senior Fellow at the Cato Institute’s Center for Constitutional Studies. While his list of accomplishments is long, we lawyers perhaps love him best for his “Overlawyered” blog. 
  • Sarah Conly, Professor of Philosophy at Bowdoin College. Author of “Against Autonomy:  Justifying Coercive Paternalism,” forthcoming from Cambridge University Press.
  • Alderman George

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Continue Reading Upcoming Program: “They’ll Take My Big Gulp From My Cold, Dead Hands – Public Health, the Police Power, and the Nanny State”

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One of the perks of attending the annual ALI-CLE Eminent Domain and Land Valuation conference (this year in New Orleans) is that in addition to 2 1/2 days of high-level CLE programming involving our favorite topic, you get to meet colleagues from across the nation (and internationally – expropriation lawyers from Canada were also with us, and gave us an update on the Antrim Truck decision). 

You also find out things that, despite the seemingly infinite resource that is the internet, you didn’t know before. And that’s how we came to find out about a new law blog, covering Wisconsin issues in eminent domain and related topics, “The Preeminent Domain” (http://thepreeminentdomain.com/). As an aside, we love that URL. 

Steve Streck, a partner at Axley Brynelson leads the blogging team, and thus far, their posts look pretty interesting (underwater mortgages, rails-to-trails, and, of course, Wisconsin-centric eminent domain…

Continue Reading New Eminent Domain (And Related) Law Blog

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Between sessions at the annual ALI-CLE Eminent Domain and Land Valuation conference in New Orleans, planning Chair Joe Waldo took to the mic to say a few words about his co-Chair, Leslie Fields. Yesterday, Leslie announced that after 10 years, she’s retiring as Chair of the conference and that she is also retiring from the practice of law later this year. 

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Joe expressed his thanks for Leslie’s years of leading this conference and her many more years of representing property owners across Colorado in eminent domain and related cases. In addition to planning this conference, Leslie’s represented property owners in nearly every county in Colorado, won significant cases in the Colorado Supreme Court and federal courts, and literally written the book on the practice of eminent domain in in Colorado.

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Joe, Leslie, and Andrew Brigham and Jack Sperber (co-Chairs of the Eminent Domain 101 program)

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 Leslie reminded us that…

Continue Reading Thank You, Leslie Fields

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This morning, I joined my Owners’ Counsel colleagues Leslie Fields and Joe Waldo (the programming co-chairs), and more than 100 fellow eminent domain experts in New Orleans under the auspices of ALI-CLE at our annual gathering for the start of 2 1/2 days of legal education. 

Joe and Leslie asked me to join Professor James Ely to speak about “The Full and Perfect Equivalent for Just Compensation: The Historical Context and Practice.” Professor Ely led us off with a crash history of just compensation, starting with the Magna Carta and where we’ve been, and then handing it off to me for the “where we are and where we may be going” segment.

Just to prove to you all that while in New Orleans, I really did show up and not get distracted by the many (many) distractions that this city can offer, the above is a…

Continue Reading A Dispatch From The ALI-CLE Eminent Domain Conference (With Links)

Next week, we’ll be in New Orleans for the 2014 edition of the ALI-CLE Eminent Domain program, now in its 31st year. 

As usual, my Owners’ Counsel colleagues Leslie Fields and Joe Waldo (the programming co-chairs) have put together a fantastic 2.5 day of programming, taught by expert faculty.  At 11:00 a.m. on the first day of the program, I will be joining Professor James Ely to speak about “The Full and Perfect Equivalent for Just Compensation: The Historical Context and Practice.” 

Should be fun. If you are not joining us in-person, ALI-CLE is producing it as a live webcast, and will make the coursebook and video and audio available for later listening or viewing. 

More details here, or download the brochure here, or below. 

31st Annual Eminent Domain and Land Valuation Litigation, ALI-CLE Program (CV023) (Jan. 23-25, 2014) New Or…

Continue Reading 31st Annual ALI-CLE Eminent Domain And Land Valuation Litigation (New Orleans)

Here are the written materials from today’s HSBA Appellate Section presentation on administrative law and appeals in Hawaii courts. 

A video of the presentation is posted above — it may be a bit dark, but no matter: all you really need is the sound, anyway. Listen to the audio-only session here:

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Administrative Appeals in Hawaii Courts: How Do You Get There, and How Do You Get Out? (Hawaii State Bar As…

Continue Reading Materials From State Bar Association Appellate Section Presentation: Admin Law Appeals

Next Monday, January 13, 2014, from noon to 1:00 p.m., I’ll be speaking — along with my Damon Key partner Greg Kugle — to the Hawaii State Bar’s Appellate Law Section about administrative appeals, in a session entitled “Administrative Appeals: How Do You Get There And How Do You Get Out Of There?” 

Because of the areas in which we practice, we’re going to be focusing on the issues in the context of land use cases, but the principles are generally applicable to any matter in which there is the possibility of agency appeal or contested case, followed by judicial review under the Administrative Procedures Act. Because most of the recent interesting decisions have come out of the Hawaii Supreme Court, we’ll be limiting our presentations to state law. 

Details: 

Date: Monday, January 13, 2014

Time: noon – 1:00 p.m.

Location: Damon Key offices, 1003 Bishop Street…

Continue Reading Upcoming HSBA Program: Administrative Appeals – How Do You Get There And How Do You Get Out Of There?