Today, we’re live blogging the Hawaii Senate Judiciary Committee’s hearing on the Governor’s appointment of attorney David Louie as Attorney General. Louie has been serving as Acting AG since January 2010.

Continue Reading Live Blog Of Hawaii Senate Hearing On Attorney General Appointment

In Comm’n on Ethics of the State of Nevada v. Carrigan, No. 10-568 (cert. granted Jan 7, 2011), the U.S. Supreme Court is considering whether a state statute which requires elected officials to recuse themselves from considering matters on which they appear to have conflicts of interest impermissibly infringes upon a city councilman’s First Amendment rights.

In that case, the Nevada Supreme Court invalidated a Nevada law which required a Sparks, Nevada city councilmember to recuse himself from considering an application to develop a hotel/casino because the developer’s “consultant” was a “longtime professional and personal friend” of the councilmember, and had been his campaign manager. We’ve been following the case closely, since the Court’s decision could have a broad impact on the land use process and the ground rules for conflicts of interest in development and other applications at the state and local levels.

The Court accepted this Question…

Continue Reading SCOTUS Ethics Case Resource Page: Do Elected Officials With Conflicts Of Interest Have A First Amendment Right To Vote?

Louise Ing’s post on the unique unwritten rules of men’s haberdashery in Hawaii’s courtrooms and law offices (What Not to Wear – Hawaii Lawyers Edition) on her firm’s new blog Hawaii Litigation Blog, got us thinking. She wrote:

The sartorial customs of the Hawai`i legal profession are a frequent “oh by the way” inquiry of out-of-state lawyers about to appear in a Hawai`i court, but it turns out that appropriate attire can vary even among islands and judges. The result: even Hawai`i lawyers visiting a neighbor island for a court or a court conference can unwittingly telegraph “I’m out of step” if they don’t pay attention to their environment.

This came into focus in humorous way at a 2010 conference attended by judges and lawyers. First, there was a Circuit Court judge from the island of Hawai`i who looked around the room and chuckled about Honolulu men’s…

Continue Reading Our Bishop Street Fashion Guide

Today, I received notice of the public launch of a new Hawaii law blog, Hawaii Litigation Blog. It looks like they have been posting since September of last year, but just went public. The blog is produced by the litigation practice group at the law firm Alston Hunt Floyd & Ing, and its stated “mission is to update clients, colleagues and friends of our firm on legal news and significant cases, as well as to provide information and tips about litigating in Hawaii.”

So far, there are posts about Justice Alito’s recent visit, “Avoiding Litigation in Hawaii,” HAWSCT CJ Ronald Moon’s retirement, and “What Not to Wear – Hawaii Lawyers Edition.”

That last article is particularly intriguing, and points out the often entertaining questions that arise when Hawaii lawyers try and figure out what to wear when they are not appearing in court…

Continue Reading New Hawaii Law Blog: AHFI’s Hawaii Litigation Blog

In a recent op-ed, Tennessee attorney Jeremy Hopkins

Al-Qaida, the Klan and property activists? (Jan. 20, 2011) 

A Virginia Department of Emergency Management’s training manual (“Terrorism & Security Awareness Orientation for State Employees”) has labeled “property rights activists” as terrorists.

The manual contains a list of “Terrorist Organizations,” and includes Hamas, al-Qaida, and Hezbollah; street gangs; racist, separatist, and hate groups; and, shockingly, “property rights activists.” They were listed as terrorists because they “undermine confidence in the government” and “influence government or social policy.”

After members of the public became aware of the manual and a legal organization sent a letter to the governor, Virginia replaced “property rights activists” with “property rights extremists: anti-eminent domain.” So, Virginia’s current manual still lists citizens who oppose the government’s use of eminent domain as terrorists.

While the use of eminent domain in accordance with constitutional standards is appropriate, the manual’s characterization of…

Continue Reading Property Rights As Constitutional Rights, Civil Rights

In Cobb v. City of Stockton, No. C062328 (Jan. 26, 2011), the California Court of Appeal (3d District) concluded that the property owner’s claim for inverse condemnation for a physical invasion of his property was not barred by California’s five-year statute of limitations, even though the City took possession nine years earlier.

In 1998, the City initiated an action in eminent domain to take a portion of the Cobb’s property for a road. The City deposited its estimation of just compensation into court after which the court placed the City in prejudgment possession of the land. The City built the road, and the property owner withdrew the deposit. In 2007, nine years after it was filed, the court dismissed the condemnation action because it was not brought to trial within five years as required by California law.

A few months later, Cobb instituted an inverse condemnation action. The City…

Continue Reading Cal Ct App: Inverse Condemnation Statute Of Limitations For Physical Taking Begins When Invasion Becomes Wrongful

Received the following announcement this morning:

The US District Court, District of Hawaii, will be having a Remembrance Ceremony in honor of Judge Samuel P. King on January 3, 2011 at 3pm. The ceremony will be held in Judge Mollway’s courtroom, 4th floor, PJKK Federal Courthouse, with a reception following. The public is welcome to attend.

Judge King

, an iconic figure in Hawaii legal circles, passed away in early December. The Hawaii PBS station in rerunning a profile of Judge King on January 4, 2011.
Continue Reading January 3, 2011: US District Court Remembrance For Judge Samuel P. King

Continue Reading Yule Log (Director’s Commentary)