My Cato colleague Roger Pilon explains the significance of the Supreme Court’s ruling yesterday in Arkansas Game & Fish Commission v. United States, in which the federal government flooded a property owner’s land but resisted demands for compensation on the grounds that the “taking” of property was temporary, since the flooding would subside. Earlier here.
If the town’s dune project saved their house but also spoiled their view, are the oceanfront owners owed compensation? [Asbury Park Press]
Prof. Bainbridge among others is blowing the whistle. For more, see Ira Stoll, Kevin Funnell, Steven Greenhut and related, Felix Salmon (role of Cornell lawprof Robert Hockett).
As everyone waits for the ObamaCare ruling…
- Justice Kennedy often votes with right half of Court on economic issues, left on social — if only there were a word for that [David Boaz]
- SCOTUS decisions on evidence, Indian law remind us of inadequacies of “red-blue” stereotype of Court divisions [Hans Bader]
- “Can the Government Destroy Property Values ‘Temporarily’ Without Compensation?” [Ilya Shapiro, Cato]
- New book on how a 1987 Supreme Court decision opened up Indian gaming [James Huffman reviews Ralph Rossum, LLL]
- “That’s Not Kosher: How Four Jewish Butchers Brought Down the First New Deal” [Steven Horwitz, The Freeman]
- Except for, like, not demanding damages or trial or things like that? Declaration of Independence described as “founding lawsuit.” [John Goldberg via TortsProf]
- New book reviews in Federalist Society “Engage”: Richard Epstein on John Inazu, Liberty’s Refuge: The Forgotten Freedom of Assembly, and Robert Gasaway on Michael Greve, The Upside-Down Constitution]
It took three years of litigation, but Texas developer H. Walker Royall has finally ended his defamation suit against author Carla Main and publisher Encounter Books (which is also my publisher on Schools for Misrule). Main’s book Bulldozed had been critical of the use of eminent domain in land takeovers, and in particular of its use in a deal in Freeport, Texas. The case helped prompt the Texas legislature to enact stronger protections for defendants against so-called SLAPP suits, a development long overdue in some other states as well. [Roger Kimball, Houston Chronicle; Jacob Sullum; earlier]