Posts Tagged ‘eminent domain’

July 25 roundup

  • Town of Gold Bar, Wash. (pop. 2,100) brought to brink of bankruptcy by multiple lawsuits following political feuds; “We are going broke winning lawsuits,” says mayor [Monroe Monitor via ABA Journal]
  • “No one in Youngstown Ohio has a Swiss bank account…except maybe that big new Swiss employer in town?” [Matt Welch, earlier] William McGurn: FATCA and the IRS’s reach abroad [WSJ via TaxProf, earlier here, here] Politicians and lawyers demand “improvements” to IRS bounty-paid-informant program, but what if anything they improve may depend on your point of view [TaxProf, earlier]
  • A human rights professor endorses a new model of residential facility that comes with names like “Freedom Place.” But what’s that on the door — could it be a lock to prevent escape? [Maggie McNeill] Romney spokesman says he’ll smite smut, Gov. Gary Johnson takes a more libertarian view [Daily Caller]
  • New Mark Herrmann book on in-house lawyering [Victoria Pynchon, Scott Greenfield, Paul Karlsgodt]
  • Mortgage eminent-domain seizure plan raises serious constitutional concerns [Andrew Grossman, earlier here, here]
  • Central casting? Send over one “business basher,” please: Sidney Wolfe says $3 billion Glaxo settlement too lenient [CL&P, earlier]
  • Ted Frank pre-vets the possibilities for Romney VP [PoL] Romney’s law and legal policy team [Brian Baxter, AmLaw Daily]

July 17 roundup

  • Prediction: Homeland Security to emerge as major regulatory agency prescribing security rules to private sector [Stewart Baker] Regulators fret: air travel’s gotten so safe it’s hard for us to justify new authority [Taranto via Instapundit] “Romney’s regulatory plan” [Penn RegBlog]
  • Claim: frequent expert witness in Dallas court proceedings is “imposter” [PoliceMisconduct.net]
  • “‘Temporary’ Takings That Cause Permanent Damage Still Require Just Compensation” [Ilya Shapiro, Cato]
  • On the ObamaCare decision’s wild card, the ruling on “coercive” conditions on Medicaid grants under the Spending Clause [Mike McConnell, Ilya Somin] Ramesh Ponnuru argues that ruling is no victory for supporters of limited government [Bloomberg]
  • D.C.’s historic Shaw neighborhood near Cato Institute narrowly escaped planners’ bulldozer [Greater Greater Washington, WaPo]
  • Michelle Obama on the right track with an idea on occupational licensure but should take it farther [Mark Perry]
  • Everyone’s a judicial critic: Auto-Correct proposes replacing “Posner” with “Poisoner.”

Constitutional law roundup

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]

June 25 roundup

March 9 roundup

  • Roundup of James Q. Wilson appreciations [Michael Greve] The controversial book a 29-year-old Wilson never wrote [Helen Rittelmeyer]
  • “Secret Class Action Settlements” [Rhonda Wasserman (Pitt), SSRN, via Stier] “Classic scholarship: Class action cops” [Trask/Class Strategist] Where should class-action scholarship go next? [same, more]
  • So does this mean GOP’s overturn-Kelo bill would kill the Keystone pipeline? [Stoll]
  • Stossel on illegal lemonade stands and vague laws that make everyone guilty; guest star is Cato’s Harvey Silverglate [YouTube]
  • No Fluke? Linda Greenhouse’s recollection of Lilly Ledbetter case is fairly fictionalized [Ed Whelan, earlier]
  • Footsie with plaintiff-lawyer adversaries: “Allstate vs. former Allstate adjuster” [Ron Miller]
  • Benjamin Barton reviews the Winston-Crandall deregulate-lawyers book [MSLR/SSRN via Instapundit, earlier]

January 26 roundup

January 11 roundup

  • California’s Prop 65 and the numbness of overwarning [Tung Yin via Bainbridge]
  • Time to kill off medical-method patents [Alex Tabarrok, Medical Progress Today]
  • Spite decoration: “Gretna fence squabble continues in bitter fashion” [NOLA.com, Louisiana]
  • “The Problem With Immigration Lawyers and How to Fix It” [Dzubow/Asylumist via Legal Ethics Forum]
  • “Are NYC transit bus drivers prevented from calling police?” [Turkewitz]
  • “Circumvention tourism” is travel intended to sidestep medical regulation [Glenn Cohen, Prawfs]
  • Abolition of wasteful, arrogant California redevelopment agencies has Tim Cavanaugh ready to kiss a nurse in Times Square [Reason, similarly Gideon Kanner and Steven Greenhut]

Developer drops suit against eminent domain critic

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]

Constitutional law roundup

  • High court tees up case on ObamaCare constitutionality, potentially one of the most significant in decades [Ilya Shapiro, Cato]
  • “Andrew Sullivan Is Wrong About the Supreme Court and Guns” [Damon Root]
  • Trade groups’ advocacy: judge quashes Tillery subpoena as chilling to free association [Madison County Record]
  • Takings: “California’s Kafkaesque Rent Control Laws” [Richard Epstein] Things may be worse in China, though: “more than one attendee described Beijing as Kelo-on-steroids” [same]
  • No, the federal government can’t find authority to overstep its otherwise delimited powers by entering into treaties calling for it to do so [Shapiro]
  • Authors: U.S. Constitution is becoming less influential as model to foreign nations [Law/Versteeg via Zick, ConcurOp]
  • Fight between strip-search lawyers leaves little to imagination [Kerr]