Federal Circuit upholds takings decision in Arkansas Game & Fish

Earlier today, the Federal Circuit Court of Appeals issued its remand decision in Arkansas Game & Fish Commission v. United States, upholding the trial court’s conclusion that the Army Corps of Engineers took Arkansas Game & Fish’s property. As you … Continue reading

Cato Constitution Day Conference

Tuesday I had the good fortune to attend Cato’s Constitution Day Conference.  The conference consisted of several panels of legal experts discussing the leading liberty-related cases of the 2012 Supreme Court Term, as well as a discussion of next Term’s … Continue reading

Inconsistent language = inconsistent justice

Earlier this week, I put the finishing touches on an article discussing the U.S. Supreme Court’s decision in Arkansas Game & Fish Commission v. United States. As you may recall, the case began when the U.S. Army Corps of Engineers, … Continue reading

Arkansas Game & Fish did not overturn the well-settled physical takings test

Yesterday, PLF attorneys filed an amicus brief in the remand proceedings in Arkansas Game & Fish Commission v. United States. As you may recall, late last year, the U.S. Supreme Court held that temporary, government-induced flooding is not categorically exempt … Continue reading

Arkansas Game & Fish: buying unity at the expense of clarity?

Professor Ilya Somin, writing on the Volokh Conspiracy, praised today’s U.S. Supreme Court decision in Arkansas Game & Fish Commission v. United States as “a rare unanimous victory for property rights” and “an important step in rejecting the federal government’s … Continue reading

Important property rights victory in Arkansas Game & Fish Commission v. United States

In a major property rights decision, the United States Supreme Court today, in an 8-0 opinion, held that the Takings Clause of the U.S. Constitution protects against all government invasions of private property, even if the intrusion isn’t permanent. The … Continue reading

More thoughts on the Arkansas Game & Fish Commission argument

Earlier this week, the U.S. Supreme Court heard arguments in the temporary taking case, Arkansas Game & Fish Commission v. United States (the transcript/audio can be found here).  The issue in this case is whether government-caused flooding must continue permanently … Continue reading

Reason’s coverage of Arkansas Game & Fish Commission

Yesterday, Reason published an article about the temporary taking case, Arkansas Game & Fish Commission v. United States. The article, insighfully titled Protecting Property Rights from the Army Corps of Engineers, summed up the case as follows: In the present case, repeated … Continue reading

Is the federal government shifting the focus in Arkansas Game & Fish Commission?

As the October 3, 2012, argument date draws closer in Arkansas Game & Fish Commission, the issues that the U.S. Supreme Court will likely have to decide are becoming more focused. Somewhat surprisingly, the central question in this case—whether a … Continue reading