New York City's Bryant Park Was a Hot Mess. Then It Was Privatized.
When government does things, most everything costs more and is lower quality.
Public Use
Two More Worthy Additions to the "Anticanon" of Constitutional Law - Berman v. Parker and Euclid v. Ambler Realty
Second in a series of posts on historically awful Supreme Court decisions that deserve more opprobrium than they get.
Terrible Supreme Court Decisions that Should be Added to the "Anticanon" of Constitutional Law - Part I
Constitution Day is a good time to consider the issue of whether we have been overly accepting of some horrendous Supreme Court precedents. The Chinese Exclusion Case of 1889 is a great example.
Kelo, Originalism, and Public Use
A response to Jonathan Adler's attempt at an originalist defense of Kelo v. City of New London.
My Washington Times Article on the Need to Limit Government Power to Take Private Property
The article is Part I of a two-part series.
Lessons of an Effort to Compensate Victims of an Unjust Use of Eminent Domain a Century after it Happened
Los Angeles County, California, plans to return land unjustly seized from a black family in 1924.
Foxconn Debacle is Yet Another Example of the Dangers of Using Eminent Domain to Promote Economic Development
As in many previous cases, government officials promised huge economic gains from seizing property for transfer to private interests - but failed to deliver.
New York's Highest Court Upholds Taking of Private Property for Pipeline that Might Never Get Built
The 4-2 ruling is reminiscent of the federal Supreme Court's dubious decision in Kelo v. City of New London, which also upheld a condemnation for a project that turned out to be a dud.
All Statues Should Be Private
We should celebrate our fandom on our own dime, and on our own property.
The 15th Anniversary of Kelo v. City of New London
Today is the anniversary of one of the most controversial - and most unpopular - property rights decisions in the history of the Supreme Court.
Israeli Supreme Court Strikes Down Law Authorizing Expropriation of Palestinian Private Property for Use by Israeli Settlers - and Cites my Work on Eminent Domain in the US in the Process
The decision distinguishes US Supreme Court cases allowing the government to transfer property from one private party to another for almost any "public purpose."
Videos of Panels on Sanctuary Cities and Constitutional Property Rights
I took part in panels on these topics at the recent Federalist Society National Lawyers Convention
Can California Ban Gun Shows From Public Fairgrounds?
A district judge says no, but don't expect the state’s gun-grabbing politicians to give up.
Justice Stevens Admits Error in the Kelo Case—but Also Doubles Down on the Bottom Line
In his recent memoir, he admits he seriously misinterpreted precedent in one of his most controversial decisions, but maintains he still got the result right.
Will Connecticut Finally Enact Meaningful Eminent Domain Reform?
Fourteen years after the notorious Kelo case, the state where the case originated still has one of the nation's weakest eminent domain reform laws. A bill currently before the state legislature could change that.
New Jersey Court Strikes Down Use of Eminent Domain to Take Property to "Bank" it for Possible Future Use
The court concluded that property may only be condemned for projects that will proceed in "the reasonably foreseeable future."
GM Will Shut Down Factory Built on Land Seized in Controversial 1981 Poletown Taking
The factory stands on land seized in a taking that forcibly displaced over 4000 people, and attracted widespread widespread opposition. The lessons and legacy of the Poletown case remain relevant today.
Houses Passes Private Property Rights Protection Act - But Celebration is Premature
The eminent domain reform bill is the same legislation that has passed the House three previous times since 2005. Each time, it died in the Senate without ever coming to a vote.
Give Susette Kelo Her Land Back
Jeff Benedict, author of "Little Pink House," proposes that the City of New London return the land it condemned in the takings that led to the notorious Supreme Court decision in Kelo v. City of New London.
"Little Pink House" Brings the Kelo Case to the Big Screen
An impressive new movie dramatizes the story behind the famous Supreme Court case about whether it is permissible for the government to condemn homes in order to promote private "economic development."
Court Rules That Seattle Law Banning Landlords From Screening 'Qualified' Tenants Is a Taking
The state court ruling also concluded the taking violates the state constitution because it is for a forbidden "private use," rather than a public one.