Welcome to 'Just Compensation'
Eminent Domain: First Principles, Kelo, and In Service of Infrastructure Buildout
#WorkforceWednesday: SCOTUS in Review, Biden Acts to Limit Non-Competes, NY HERO Act Model Safety Plans - Employment Law This Week®
Bar Exam Toolbox Podcast Episode 140: Listen and Learn -- Regulatory Takings
#WorkforceWednesday: Mandatory Vaccination, Tipped Worker Rule, and SCOTUS Rules Against Organized Labor - Employment Law This Week®
The Fifth Amendment of the U.S. Constitution provides that “No person shall be… deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just...more
Following the death of George Floyd during his arrest in Minneapolis, Minnesota, America experienced months of civil unrest throughout the country. It was during these protests that some began to assert that civil society in...more
As you may recall, it wasn’t too long after the Governor issued his executive order mandating the closure of certain businesses in California that the first takings lawsuit was filed. (See our coverage of Gondola Adventures,...more
Lessons For The COVID-19 Pandemic Landscape - INTRODUCTION - Over the last two months, there has been a flurry of federal, state, and local government action to stem the spread of COVID-19. These efforts have included...more
As the pandemic continues, courts are addressing COVID-19-related constitutional challenges. The most recent cases address the eligibility requirements for Paycheck Protection Program loans (“PPP” loans), gubernatorial orders...more
In the face of governmental orders shutting down businesses, redirecting business efforts and assets, and even seizing business property to redistribute to others, we are seeing more and more questions about the limits of...more
It is commonplace for a local government agency to require a property or business owner to secure a license or permit for a particular type of operation (such as a liquor license, medical marijuana license, etc.). If the...more
Ninth Circuit Determines City Did Not Have to Return guns to Wife Because Husband Posed Threat - A city’s ability to protect public safety by preventing dangerous individuals from accessing firearms was affirmed last week...more
It’s an exciting time with the Olympics taking place in Rio De Janeiro. But what takes place before the Olympics ever gets off the ground involves years of planning, lobbying, and infrastructure development. That...more
Earlier this week, in an unpublished decision (pdf), the Ninth Circuit affirmed the denial of compensation for construction that altered a point of access to an existing business. (Wardany v. City of San Jacinto (9th Cir....more