On Monday, December 9, we expect ... (click to view)
Editor's Note :
On Monday, December 9, we expect additional orders from the December 6 Conference at 9:30 a.m. On Tuesday, December 10, we expect one or more opinions in argued cases at 10:00 a.m. We will begin live blogging at 9:45.
Issue: (1) Whether governmental agency interference with a person’s ability to access and beneficially use his vested water right under threat of prosecution, in part by requiring a permit not authorized or contemplated by any statute or regulation and in derogation of the very nature of the property right, is properly analyzed as a per se taking under Loretto v. Teleprompter CATV Corp. rather than as a regulatory taking under Penn Central Transportation Co. v. New York City; (2) whether the Forest Service or Bureau of Land Management can alter the congressional grant or recognition of water rights and rights-of-way pursuant to the Act of July 26, 1866 by administratively redefining the scope and purpose of the easements or by superimposing a special use permitting requirement for their maintenance; and (3) whether the fencing of water sources in which Petitioners had stockwater and other rights, intended to and which was sufficient to prevent livestock access to the source for at least a period of time, is a physical taking subject to Loretto and Arkansas Game and Fish Commission v. United States, without regard to whether some residual amount of water could escape.
On Monday the Court issued additional orders from the November 26 Conference. Lyle's post on those orders is here. On Tuesday, the Court issued opinions in two cases, the archived live blog is here. This is the first week of the Court’s December sitting, and the Justices are scheduled to hear oral arguments Monday through Wednesday. The December hearing list is here.
In this eight-part interview, Judge J. Harvie Wilkinson, III, of the U.S. Court of Appeals for the Fourth Circuit discusses his background, including: a race for Congress; clerking for Justice Lewis F. Powell, Jr., and the value of humility; the confirmation process and the life and work of a federal appeals court judge; understanding the Court, interviewing [...]
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Sigma Delta Chi
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Silver Gavel Award
Awarded the Silver Gavel Award by the American Bar Association for fostering the American public’s understanding of the law and the legal system.
American Gavel Award
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National Press Club Award
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