Posted by Eugene Volokh: Takings Clause (with Parochial Link to Two of the Volokh Conspirators): http://volokh.com/archives/archive_2009_03_01-2009_03_07.shtml#1236363580
One of the cool things about my [1]part-part-part-time gig with Mayer Brown LLP is that I get to help my colleagues on some of the most fascinating constitutional law cases around. One very recent example is the [2]certiorari petition in Empress Casino v. Giannoulias, a case involving a pretty deep split on the important question of when a monetary exaction becomes a taking for Takings Clause purposes. The split has been aggravated by the Court's fractured opinion in [3]Eastern Associates v. Apfel (1998) -- 4-1-4 decisions tend to do that -- though it existed even independently of that case. Our very own Ilya Somin, together with Eric Claeys, Richard Epstein, Nicole Garnett, and Eric Kades, has also signed on to [4]a law professors' amicus brief in support of the petition, written by Stephen B. Kinnaird and his Paul, Hastings, Janofsky & Walker colleagues; and this [5]amicus brief from the Mountain States Legal Foundation, one of the oldest pro-property-rights (among other things) advocacy groups, is also very good. If you're a Takings Clause buff, check them out -- this is important and very interesting stuff. References 1. http://volokh.com/archives/archive_2006_01_22-2006_01_28.shtml#1138390682 2. http://www.appellate.net/briefs/Empress_Casino_v_Giannoulias_Petition.pdf 3. http://www.law.cornell.edu/supct/html/97-42.ZO.html 4. http://volokh.com/files/empresslawprof.pdf 5. http://volokh.com/files/empressmountain.pdf _______________________________________________ Volokh mailing list [email protected] http://lists.powerblogs.com/cgi-bin/mailman/listinfo/volokh
