Read Constitutional Law updates, alerts, news, and analysis from leading lawyers and law firms:
Expect More Second Amendment Fights
Goldstein: Expect More Litigation in Wake of Myriad Gene Patent Decision
What's So Funny About The U.S. Constitution? Colin Quinn's Unconstitutional: Off-Broadway
S&C's Cohen: Brown-Vitter Punishes Banks For Being Big
Cohen: Cyprus Is Not A Template For Future Restructurings
D.C. Court Wreaks Havoc on NLRB Pro-Worker Cases
Can You Patent Human Genes? ACLU Says No
Konczal: Dodd-Frank Reforms Get Roughed Up in Court
Journalist Who Changed How SCOTUS Is Covered
Analysis of Oral Arguments in the Two Same-Sex Marriage Cases Before the Supreme Court
Weekly Brief: $350K in Wine Leads to $14M Lawsuit
Viewer's Guide to Gay Marriage Oral Arguments
Why Did Godzilla & James Bond Need Congress' Protection?
Justices Kagan & Sotomayor Do 180s On Video At High Court
With Probable Cause and Drug-Sniffing Dogs, Supreme Court Would Rather Keep Things Fluid
Hot Trends in Federal Enforcement on the Web in 2013 from Ifrah Law Partners
N.Y. Anti-Terror Law Diminishes Pursuit of Terrorism: Lawyer
Newsbreak: Your Rights
Newsbreak: Sexual Predators on Facebook and More
Weekly Brief: DOJ Memo Details Justification For Killing US Citizens
In 2000, in its 2-page per curiam opinion in Village of Willowbrook v. Olech, the Supreme Court gave hope to developers and property owners that the equal protection clause could be used to prevent local zoning and...more
Originally Published in Law360 on March 28, 2013. Howard Nelson, chairman of the environmental practice group at Bilzin Sumberg Baena Price & Axelrod LLP, has experience in environmental and land use law and zoning and...more
The Texas Supreme Court recently issued an important decision on a groundwater rights question that had gone unanswered for more than a century. In Edwards Aquifer Authority v. Day, the Court held that Texas property owners...more
In Martin v. Hamblet, decided November 21, 2012, the West Virginia Supreme Court of Appeals determined that a surface owner may not appeal issuance of a well work permit by the Department of Environmental Protection for a...more
2012 is shaping up to be the Year of the Commerce Clause. Not only is the Commerce Clause at the center of the Supreme Court ‘s impending review of the Affordable Care Act later this spring; it is also at the heart of a...more
On February 24, 2012, the Texas Supreme Court issued its long-awaited decision in Edwards Aquifer Authority v. Day, one of the most significant water law cases in years. In a unanimous decision, the Court ruled that,...more
Developers have cheered in recent years as the Supreme Court has tightened its standing rules. In a decision issued on Friday in National Association of Home Builders v. EPA, the Court of Appeals for the District of Columbia...more
In This Issue: - Court Upholds Landowner's Contract-Based Mineral Rights In the Elmore/Road Rock, Inc. v. Florida Power & Light breach of contract case, Judge Robert A. Rosenberg of the Complex Litigation Unit of...more
Shortly before the close of the last legislative session, I found myself writing a strongly-worded letter (on behalf of myself and interested clients of Miller Starr Regalia) to Governor Brown, the authors of proposed SB 436...more
In This Issue: - Federal Government Admits To Liability In Land Takings: The Otay And Bassett Cases Sometimes the evidence of a taking is so overwhelming that even the federal government has to concede liability....more
Introduction Environmental decisions involving water quantity and quality affect us all. After all, water in lakes, streams, and aquifers is a resource that many users must share for a multitude of purposes. And water is a...more
Yesterday, on behalf of the Land Use Research Foundation of Hawaii, we filed this brief amicus curiae in the U.S. Supreme Court in Maunalua Bay Beach Ohana 28 v. Hawaii, No. 10-331 (cert. petition filed Sep. 7, 2010). This...more
As climate change litigation proceeds throughout the country, three cases, Comer v. Murphy Oil, Connecticut v. American Electric Power and Native Village of Kivalina v. ExxonMobil, provide indications of the Supreme Court's...more
This appeal presents an issue left unaddressed by the Hawaii Supreme Court in In re Robinson, 49 Haw. 429, 421 P.2d 570 (1966). Namely, whether the government waives a reservation of mineral and mining rights when it fails to...more
Article on bills passed by the Illinois General Assembly to encourage the use of solar energy. This article was written by Dave Scriven-Young, an attorney with Peckar & Abramson, PC, and was originally published on the...more
This brief was filed to support the application for writ of certiorari which asks the Hawaii Supreme Court to review the decision of the Hawaii Intermediate Court of Appeals in Maunalua Bay Beach Ohana 28 v. State of Hawaii,...more
Yesterday, we filed this motion for leave to file brief amicus curiae and a copy of the proposed brief in support of the application for writ of certiorari which asks the Hawaii Supreme Court to review the decision of the...more
Desiging a building to be LEED certified carries legal risks. Minimize those risks by stating LEED goals, not LEED guarantees....more
In 2004, the New Jersey Highlands Water Protection and Planning Act (the “Act”) became law. The law created two distinct regions, the Preservation Area and the Planning Area. Development in the Preservation Area was severely...more
Do judges “make” law, and do courts “take” property when they change it? These questions, and others, are now before the U.S. Supreme Court in a Florida case to be argued in December. In Stop the Beach Renourishment, Inc....more
Do judges "make law?" That issue was at the forefront in the recent confirmation hearings for Justice Sonia Sotomayor. While asked the question -- she -- like SCOTUS nominees before her, politely sidestepped the...more
Millions fight to save Nevada's people and land from nuclear waste. The Yucca Mountain Project has gone from bad to ugly, and now involves a number of law suits involving federal, state and tribal sovereignty over Yucca...more
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