Supreme Court

March 11, 2014, 12pm PDT
The Supreme Court ruled in favor of a private land owner in Wyoming, who sued to reclaim land once granted to a railroad under an 1875 law. The ruling undermines the legality of the nation’s network of public trails built on former rail right-of-way.
June 26, 2013, 6am PDT
The Supreme Court's ruling Tuesday in the Koontz case could have a chilling effect on all negotiations between government agencies and developers, says Bill Fulton. Are Alito and Kagan on the same planet?
California Planning & Development Report
May 2, 2013, 5am PDT
The UK's supreme court ruled this week that the government has failed to live up to its legal obligation to curb air pollution, in breach of an EU air quality directive.
The Guardian
January 24, 2013, 2pm PST
William Fulton examines the likely outcome of a takings case that went before the U.S. Supreme Court last week. Oral arguments seemed to indicate the justices were leaning towards a surprising outcome.
California Planning & Development Report
September 21, 2010, 10am PDT
The tri-state fight over water in Alabama, Georgia and Florida is still raging, but some believe a negotiated settlement is not far off. However, there is potential for the fight to go all the way to the Supreme Court.
The Economist
May 11, 2010, 10am PDT
If Elena Kagan is confirmed, not only will the Supreme Court get its third sitting woman. It will also get its second woman New Yorker. Bill Fulton considers the importance of the urban experience in jurisprudence.
California Planning & Development Report
November 13, 2009, 2pm PST
The 2005 Supreme Court decision on Kelo v. New London was a landmark in eminent domain law, paving the way for Pfizer to develop there. Four years later, Pfizer is pulling up stakes.
The Hartford Courant
Blog post
July 17, 2009, 7am PDT

According to the Washington Post, 62% of Americans think Sonia Sotomayor should be confirmed for the U.S Supreme Court because she is “about right” ideologically. The question is, how good will she be for municipal attorneys?

Dwight Merriam
July 3, 2009, 5am PDT
Back in 2006, Supreme Court nominee Sonia Sotomayor had a role in a controversial eminent domain ruling. <em>Reason</em> magazine takes a look at the decision and what it might mean for property rights if she's confirmed to the Court.
Blog post
July 4, 2008, 12pm PDT
Last week marked the third anniversary of the Supreme Court’s ruling in Kelo v. New London. The first time I read Kelo, I thought what many Americans probably thought: that any government could seize property for any reason, so long as it compensated prior owners.

But after having taught Kelo to law students several times over the past few years, I now realize that Kelo is much more complex. Kelo was a 5-4 decision, and Justice Anthony Kennedy wrote a separate concurrence. Because Justice Kennedy was the “swing vote”, his decision predicts future Court decisionmaking more accurately than the Court’s primary opinion, because a taking which fails to satisfy Kennedy might not be able to get five votes in the Supreme Court.
Michael Lewyn