Now that the Supreme Court’s first arguments of this Term are in the books, you can read the transcript, or listen to the recording (mp3) (or stream it above). This is Sackett v. EPA, a case that has
SCOTUS vs WOTUS: Oral Arguments In Sackett v. EPA
Latest from Inverse Condemnation
Congratulations On Reaching The "Century" Milestone, Eminent Domain Podcast!
That’s right: Clint Schumacher’s Eminent Domain Podcast has reached its 100th episode. Very impressive, Clint!
And for this “very special episode,” Clint was kind enough to ask us to return to celebrate. In a wide-ranging hour-plus chat,
New Takings Cert Petition: Can An Agency Decide Constitutionality Of Delegation Of Federal Eminent Domain Power?
Here’s a recently-filed cert petition in a pipeline case. This one asks whether an agency — here, FERC — has primary administrative jurisdiction over a facial challenge to Congress’ delegation of federal eminent domain authority to a private party.
Here
New Article: "Warranted Exclusion: A Case for a Fouth Amendment Built on the Right to Exclude"
Check this out: a new article from lawprof Mailyn Fidler (U Nebraska SOL), “Warranted Exclusion: A Case for a Fourth Amendment Built on the Right to Exclude,” 76 SMU L. Rev. ___ (2023) (forthcoming).
The Abstract:
Searches intrude;
It's Chief Justice Roberts' Property World, We Just Live In It
Brigham-Kanner Property Rights Conference 2022 Report: It's Chief Justice Roberts' Property World, We Just Live In It
2022 Brigham-Kanner Property Rights Conference Underway
Connecticut's 1801 Sale Of Tribal Land Was Not A Taking
The facts of the Connecticut Appellate Court’s opinion in Schaghticoke Tribal Nation v. Connecticut, No. AC 43811 (Sep. 27, 2022), really stand out.
Back in the day — and we mean waaaaay back in the day — as in
Viewing Social Media Content Censorship Through The Takings Lens
We were all set to write a deep and insightful takings analysis of the U.S. Court of Appeals’ recent opinion in Net Choice, LLC v. Paxton, No. 21-51178 (Sep. 16, 2022), a challenge by the major social media platforms
The Pursuit Of Happiness, Or Property? Asking T. Jeff The Tough Questions
Introduced on George Wythe’s steps.
One of the (many) great things about teaching and studying law at the William and Mary Law School is the location. A short walk from historic Williamsburg, the Law School (the nation’s first law