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Our colleague Mark M. Murakami was able to attend a lecture on regulatory takings at the University of Hawaii law school last week. Mark usually blogs at hawaiioceanlaw, but we convinced him to write up a guest post on his observations about the presentation.

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Last week, I attended the 2012 Distinguished GiffordLectureship in Real Property presentation by Professor Barton H. Thompson, Jr.of the Stanford Law School, entitled “In All Fairness and Justice.”

Professor Thompsondiscussed his thoughts on “allocative fairness” and different ways courts useto analyze regulatory takings. Hissource for this test is the oft quoted language from Armstrong v. United States, 364 U.S. 40 , 49 (1960) (“The Fifth Amendment’s guarantee ”that private property shall not be taken for a public use without just compensation was designed to bar Government from forcing some people alone to bear public burdens which, in all fairness and justice…

Continue Reading Guest Post:

They say as you get older, you begin to forget birthdays (I know it’s true for me).

So it should not have been a surprise that August 31 passed without fanfare, and only today did I recall that six years ago I posted the first of my missives on this blog.

In law blog years, that’s quite a while.

Because doing this in a vacuum would not be worthwhile, I’d like to recognize my fellow-travelers — those other law bloggers who, like me, make the time to share thoughts about the legal issues of the day. Although you’re not quite “Real Men [and Women] of Genius,” today we salute you, Mr. Law Blog Blogging Guy (and Gals):

  • Anna Oshiro’s Hawaii Construction Law

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Continue Reading Into Our Seventh Year

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There’s still time for you to attend one (or more) of the screenings in our upcoming law film series. In conjunction with the Doris Duke Theatre at the Honolulu Museum of Art, we’re screening five films about lawyers and the law:

  • The Castle (for that eminent domain connection, naturally) (September 4)
  • Counsellor at Law (a forgotten John Barrymore classic about a private lawyer in New York) (September 5)
  • Anatomy of a Murder (James Stewart, George C. Scott, Lee Remick, and Ben Gazzara. Plus a Duke Ellington score) (September 6)

Each film will be introduced by a Damon Key colleague, who will lead a discussion of the issues raised following the…

Continue Reading Still Time To Join Us For The Lawyer Film Series At The Honolulu Museum Of Art

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Check this out, our latest law-related fun project.

Our firm is sponsoring (along with the Honolulu Museum of Art) a legal film series in September. We’re showing six legal films: Crime After Crime, To Kill a Mockingbird, The Castle (for that eminent domain connection, naturally), Counsellor at Law, and Anatomy of a Murder. Each film will be introduced by one of our colleagues, who will lead a discussion of the issues raised following the movies.

Find out more at the series’ web site www.lawinfilm.com with screening dates and times and all the details, including trailers and reviews. If you are in Honolulu on any of the screening dates, be sure to join us.Continue Reading “The First Thing We Do, Let’s Film All The Lawyers”

Lawyers who deal with issues of navigability understand

those typically fact-intensive servitude cases involving reclamation and flood prevention projects, and the thigh-bone-is-connected-to-the-hip-bone tracing of waterways

Here’s an opinon you need to read if you are a navigability wonk, one of those lawyers who knows what the “equal footing doctrine” is, a Lewis and Clark buff. 

In PPL Montana, LLC v. Montana, No. 10-218 (Feb. 22, 2012), the unanimous Court in an opinion by Justice Kennedy,  

Our preview page is here (with links to the briefs).

PPL Montana LLC v. Montana, No. 10-218 (Feb. 22, 2012)Continue Reading U.S. Supreme Court Thwarts State Court Land Grab: Navigability, Public Trust, And Lewis And Clark

On January 6, 2011, the Hawaii Supreme Court issued two opinions in the Big Island reapportionment cases, Solomon v. Abercrombie, No. SCPW-11-0000732, and Matsukawa v. Hawaii, No. SCPW-11-0000741.

Here (and below) is the opinion in Solomon v. Abercombie (the opinion in the other case is identical).

Here is the oral argument:

Stream it above or download it here. Our live blog of the oral argument: 

Here’s a description of the issues from the Judiciary web site:

Petitioners Malama Solomon, Louis Hao, Patricia Cook, Steven Pavao, and Michael Matsukawa filed petitions for writs of mandamus: (1) invalidating the 2011 Final Reapportionment Plan for the state legislature adopted and filed on September 26, 2011 by the State of Hawai`i 2011 Reapportionment Commission; (2) directing the Reapportionment Commission to prepare and file a new reapportionment plan for the state legislature; and (3)…

Continue Reading Hawaii Reapportionment Case