Category: Constitution

Sail away, sail away? Part 2, potential sea change

6 April, 2012 (10:23) | Boats, Constitution, Housing, Law, Litigation, Oceans, Real estate taxes, Supreme Court, US News | 2 comments

[Continued from yesterday's Part 1.]   By: David A. Smith   When I awoke this morning Dove beneath my floating home – Crosby Stills and Nash, Lee Shore   Yesterday’s post introduced us to combative Fane Lozman, whose quest to have its houseboat declared real estate, even after its demolition as a waterborne vessel, has [...]

Sail away, sail away? Part 1, tempest in a teapot

5 April, 2012 (10:57) | Boats, Constitution, Housing, Law, Litigation, Maritime laws, Oceans, Real estate taxes, Supreme Court, US News |

By: David A. Smith   Wheeling gulls spin and glide You’ve got no place to hide ‘Cause you don’t need one – Crosby Stills and Nash, Lee Shore   Some cases are born momentous (NFIB v. Sibelius), some achieve moment (Miranda v. Arizona), and some have the moment thrust upon them, because an individual fired [...]

Correcting Yee v. Escondido by asking the right question: Part 2, the question to ask

4 April, 2012 (09:37) | Constitution, Due process, Harmon, Law, Litigation, New York City, Regulation, Rent control, Supreme Court, Takings, Theory, US News, Yee v Escondido |

[Continued from yesterday's Part 1.] By: David A. Smith   Everything that follows is a result of what you see here.   Yesterday’s post was at pains to show how the Supreme Court, in Yee v. Escondido, both the decision itself (blue Georgia) and its syllabus (black Georgia), didn’t exculpate all rent control, such as [...]

Correcting Yee v. Escondido by asking the right question: Part 1, the question not asked

3 April, 2012 (09:29) | Constitution, Due process, Harmon, Law, Litigation, New York City, Regulation, Rent control, Supreme Court, Takings, Theory, US News, Yee v Escondido |

By:David A. Smith   I’m sorry. My responses are limited. You must ask the right questions.   For more than a quarter of a century, I’ve been baffled as to why rent control hasn’t been declared Unconstitutional, but it took until just recently, with James Harmon’s lawsuit against New York City, for me to read [...]