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Entries for 'Robert Thomas'

Tuesday, December 27, 2016
9th Circuit Court Rejects Race-Based Voting in Northern Marianas Islands
By Robert Thomas @ 11:23 PM :: 6351 Views :: Akaka Bill

...limiting voting on certain constitutional amendments to a "person who is a citizen or national of the United States and who is of at least one-quarter Northern Marianas Chamorro or Northern Marianas Carolinian blood...."

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Tuesday, December 27, 2016
Beachfront Property: Hawaii Supreme Court Considers Wipeout Regulatory Taking
By Robert Thomas @ 11:19 PM :: 5365 Views :: Land Use

...a case to watch being argued next week in the Hawaii Supreme Court....

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Tuesday, December 6, 2016
HBA Land Use Conference to Focus on Telescope, TOD, and GMOs
By Robert Thomas @ 9:18 PM :: 4035 Views :: Land Use
"Takings: Regulatory and Physical"
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Saturday, November 19, 2016
Supreme Court: Challenge to Hawaii Council Candidate’s Eligibility Must be Heard
By Robert Thomas @ 3:27 PM :: 5615 Views :: Office of Elections

...Oral arguments in the case are set for January 19, 2017....

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Sunday, October 30, 2016
Judge Posner: Cab Companies Were Chumps To Rely On Govt Monopoly to Protect Them From Competition
By Robert Thomas @ 3:37 AM :: 4956 Views :: Small Business

...holdovers from the legacy economy -- the owners of city-issued taxi medallions and permits -- did not have their property taken when the city allowed ridesharing services to operate....

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Thursday, October 6, 2016
Supreme Court Hearing Hanalei Boatyard Case Today
By Robert Thomas @ 3:48 PM :: 6375 Views :: Kauai County, Land Use

Thursday, October 6, 2016, at 10:00 a.m. at Aliiolani Hale....

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Thursday, September 15, 2016
Hawaii County Lawsuit: Can Lawyer Engineer Her Way into Office?
By Robert Thomas @ 6:08 PM :: 4901 Views :: Hawaii County

The mayor and county council hired a lawyer who did not have an engineering degree -- only a bachelors with a major in English and a minor in Hawaiian studies, plus a JD....

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Friday, September 2, 2016
Visitors At The Volcano: Is The NPS Nuts?
By Robert Thomas @ 1:57 PM :: 5812 Views :: Environment, Tourism

... the "compensation culture" ....

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Thursday, August 25, 2016
Supreme Court to hear Hanalei Boatyard Case
By Robert Thomas @ 12:29 AM :: 7691 Views :: Kauai County, Land Use, Small Business

...the County of Kauai is condemning several Hanalei-area parcels to expand an adjacent public beach park....

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Tuesday, August 16, 2016
Closed Primary? 9th Circuit Rebuffs Hawaii Democrats (For Now)
By Robert Thomas @ 5:09 AM :: 6644 Views :: Democratic Party, Office of Elections
Stay tuned folks, this one isn't likely over....
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Tuesday, August 9, 2016
TVR in a Ag Condo: Must Your Neighbors Approve?
By Robert Thomas @ 8:12 PM :: 4108 Views :: Tourism

HAWICA Rejects Planning Department's Formalistic Definition Of "Applicant" In Vacation Rental Case....

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Wednesday, July 27, 2016
Hawaii Supreme Court: Hanalei Boatyard Connected to Area 51?
By Robert Thomas @ 4:20 PM :: 6337 Views :: Kauai County, Land Use

The case involves three parcels on Kauai -- one of which is owned by a fellow who has been a thorn in the County's side....

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Friday, July 22, 2016
Hawaii Reapportionment Case: Only Mark Takai Put his Name on the Line
By Robert Thomas @ 11:11 PM :: 6415 Views :: Military, Politicians

...one of the rare people in public life who actually showed political courage to do the right thing when literally not one of his colleagues had the guts to join him....

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Wednesday, July 20, 2016
Supreme Court: Mixed Decision on Office Of Election Ballot Practices
By Robert Thomas @ 7:35 AM :: 4109 Views :: Office of Elections

...the agency should have adopted rules and because it had not, the specific practices were invalid....

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Friday, July 15, 2016
Three Candidates For Mayor, Three Positions On Honolulu Rail
By Robert Thomas @ 4:49 AM :: 6004 Views :: Honolulu County, Politicians, Rail
Continue past Middle Street to Ala Moana only if the total cost does not exceed $7,000,000,000.
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Monday, July 11, 2016
AG Seeks Deputy Solicitors General
By Robert Thomas @ 7:43 PM :: 4887 Views :: Hawaii State Government, Judiciary
Come on, live the dream!
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Friday, July 1, 2016
Hawaii Supreme Court Clarifies Appeals Clock
By Robert Thomas @ 4:47 PM :: 5633 Views :: Higher Education, Judiciary

...the Hawaii Supreme Court clarified a point of appellate procedure that has been unnecessarily vague -- and therefore dangerous -- for a while....

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Tuesday, June 28, 2016
Hawaii Federalist Society: Supreme Court Term in Review
By Robert Thomas @ 12:58 AM :: 4286 Views :: Judiciary

Tuesday, June 28, 2016 11:30am

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Friday, June 24, 2016
Rail: Building To The Nowhere Of Middle?
By Robert Thomas @ 10:29 PM :: 4616 Views :: Rail

...omit the most densely populated, and therefore the most useful, portion of the route....

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Saturday, June 18, 2016
Rail: Caldwell’s Flip-Flop Opens Door to Lawsuits by Property Owners Targeted by HART
By Robert Thomas @ 6:55 PM :: 6346 Views :: Land Use, Rail

...if a taking is abandoned or dismissed prior to final judgment, the condemnor is on the hook for "damages."....

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Saturday, June 18, 2016
Fake Indian Tribe: OHA Legal Shell Game Copied from Southern Segregationists
By Robert Thomas @ 6:45 PM :: 5808 Views :: Akaka Bill, OHA

...his argument allowed careful listeners to see the analogy to Jim Crow southern governments....

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Thursday, June 16, 2016
VIDEO: Ninth Circuit Oral Arguments In Hawaii Anti-GMO Cases
By Robert Thomas @ 9:47 PM :: 3917 Views :: GMOs

Official full-length Ninth Circuit video recording of the hearings....

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Monday, June 6, 2016
Unanimous SCOTUS: You Can Judicially Challenge A Clean Water Act Jurisdictional Determination
By Robert Thomas @ 3:27 PM :: 5478 Views :: Environment, Agriculture

"...the consequences to landowners even for inadvertent violation can be crushing...."

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Saturday, June 4, 2016
Telescope: Nobody can remove all fears of reversal
By Robert Thomas @ 7:39 PM :: 8563 Views :: Hawaii County , Greenmail, Higher Education, OHA

...the late request by the University to remove Judge Amano ... out of a fear that retaining her might be overturned on appeal, invites the Board to subvert its own independent judgment....

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Wednesday, May 25, 2016
Election Office Admits ‘Mistakes Were Made’
By Robert Thomas @ 4:47 AM :: 4521 Views :: Office of Elections

After A Judicial Feeding Frenzy, The Hawaii Supreme Court Searches For Rules To Fix The Office Of Elections....

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Saturday, May 21, 2016
Supreme Court to Hear Challenge to Big Island Council Candidate’s Eligibility
By Robert Thomas @ 11:42 PM :: 6080 Views :: Judiciary, Office of Elections

If there's one thing that makes lawyers sit bolt upright in a sweat at 3 am, it's the prospect of missing a jurisdictional deadline....

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Saturday, May 21, 2016
Hawaii Supreme Court Rules on Big Cabbage Case
By Robert Thomas @ 11:20 PM :: 9256 Views :: Agriculture, Judiciary, Law Enforcement, Police

...the unanimous Hawaii Supreme Court threw out the conviction of the farmer, tagged by Officer Fuiava of Five-O for transporting a load of cabbage uncovered....

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Sunday, May 15, 2016
Telescope to Avoid "Death By A Thousand Days?"
By Robert Thomas @ 3:42 PM :: 8058 Views :: Greenmail, Higher Education, Judiciary, OHA

"Why not just send it straight to the justices, if they are going to decide it eventually?”

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Friday, May 13, 2016
Elections: Supreme Court to hear Green Party Suit Against Scott Nago
By Robert Thomas @ 4:08 AM :: 4390 Views :: Office of Elections

The Supreme Court will be hearing oral arguments Wednesday, May 18, 2016, at 8:45 a.m....

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Tuesday, April 26, 2016
Hawaii ICA Bungles Hanalei River Eminent Domain Case?
By Robert Thomas @ 4:09 AM :: 6112 Views :: Kauai County, Land Use

...we have an old eminent domain code and don't have a whole lot of current decisional law applying it....

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Tuesday, April 26, 2016
Hawaii Supreme Court Dismisses ‘Birther’ Challenge To Ted Cruz Eligibility
By Robert Thomas @ 3:55 AM :: 5562 Views :: Office of Elections, Republican Party

... when it makes allegations like this, there's not going to be much doubt about the outcome, is there? ....

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Monday, April 18, 2016
Guam Justice--34 Years After Mayor’s Land Grab
By Robert Thomas @ 11:02 PM :: 4053 Views :: Land Use

Guam land titles can be seriously messed up....

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Friday, April 8, 2016
9th Circuit Says Hawaii Cannabis Church Bogarted Evidence
By Robert Thomas @ 7:42 PM :: 8287 Views :: Environment, Land Use, Office of Elections, Drugs

Here's what we are reading today....

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Friday, April 8, 2016
Supreme Court on Koa Ridge: No Moratorium While IAL Process Underway
By Robert Thomas @ 2:59 AM :: 4767 Views :: Agriculture, Land Use

...the "agricultural lands" section of the Hawaii Constitution isn't self-executing....

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Wednesday, April 6, 2016
What Does Evenwel v. Abbott Mean For "One Person, One Vote?"
By Robert Thomas @ 7:16 PM :: 3672 Views :: Office of Elections

Evenwel has transformed the "one-person, one-vote'" rule in reapportionment cases into more of a "one-person, one-representative" principle....

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Monday, April 4, 2016
Evenwel Ruling: States May, not Must, Count Everyone In Reapportionment
By Robert Thomas @ 10:37 PM :: 4236 Views :: Office of Elections

...Evenwel is the sleeper case of the Term, and opened the possibility that the we might finally get an answer to a question the Supreme Court has dodged for over fifty years....

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Friday, March 4, 2016
Hawaii Federal Court: Get Ready For Bridge Aina Lea Trial
By Robert Thomas @ 4:43 PM :: 6336 Views :: Hawaii County , Land Use

Bottom line: the plaintiff's takings claims are going to trial....

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Friday, February 26, 2016
If judges act like politicians, shouldn't they be treated like politicians?
By Robert Thomas @ 4:26 AM :: 4672 Views :: Judiciary
Ninth Circuit Judge Alex Kozinski "wisely admonished his fellow judges that 'When we act act like politicians, we will be treated like politicians.'"
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Wednesday, February 17, 2016
Property Rights Court for Guam?
By Robert Thomas @ 10:23 AM :: 3969 Views :: Land Use

...We've asked whether Hawaii also might need a Property Rights Court....

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Tuesday, February 9, 2016
Bridge Aina Lea: Hawaii ‘Takings’ Case in Federal Court
By Robert Thomas @ 1:32 PM :: 7145 Views :: Hawaii County , Land Use

The State removed the civil rights lawsuit to U.S. District Court in Honolulu....

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Tuesday, February 9, 2016
State Looking For A TMT Hearing Officer–Deadline 430pm Today
By Robert Thomas @ 1:21 PM :: 6206 Views :: Higher Education, Land Use, OHA
Are you a lawyer and need something to do for the next 6-12 months?
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Wednesday, February 3, 2016
Time To Elect Hawaii's Judges? Maybe Not Such A Bad Idea.
By Robert Thomas @ 1:55 AM :: 4528 Views :: Judiciary

The Hawaii Legislature is evaluating a series of bills which, taken collectively, would radically overhaul the way judges and justices are selected....

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Friday, January 15, 2016
Supreme Court to Consider Nai Aupuni Contempt Today
By Robert Thomas @ 12:48 AM :: 7585 Views :: Akaka Bill, OHA

The contempt motion is on the Court's January 15, 2016 conference calendar, so we should know the results soon after that....

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Tuesday, January 12, 2016
VIDEO: Thirty Meter Telescope, Putting The "Puaa" Back In Ahupuaa, And Oprah Elections
By Robert Thomas @ 6:23 PM :: 5981 Views :: Akaka Bill, Higher Education, OHA
"Are the Courts Crazy?"
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Tuesday, January 12, 2016
Gold Coast Seawall Hot Potato Case: Supreme Court Hears Arguments
By Robert Thomas @ 6:20 PM :: 4429 Views :: Land Use

A case that we've been following with some mild amusement has reached the Hawaii Supreme Court....

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Friday, January 8, 2016
Lawsuits Have Consequences: Aloha To Hawaii Sugar
By Robert Thomas @ 5:43 PM :: 7922 Views :: Environment, Agriculture, Land Use

Since about the 1970's, sugar plantations have been legal pariahs....

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Wednesday, January 6, 2016
VIDEO: Hawaii Water Law In A Nutshell
By Robert Thomas @ 9:38 PM :: 6077 Views :: Environment, Land Use

If you want a crash course in Hawaii's unique (some would say weird) water law, you can't do better than this video....

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Tuesday, December 29, 2015
Hoopili: Is the State Prohibited from Rezoning "Potential" Important Ag Land?
By Robert Thomas @ 4:10 AM :: 9649 Views :: Agriculture, Development, Land Use, Rail

...last week, the Hawaii Supreme Court issued a 4-1 ruling in Friends of Makakilo v. D.R. Horton-Schuler Homes, LLC....

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Tuesday, December 29, 2015
Green Party v Nago: ‘Mistakes were made, Election Office Fell Short’
By Robert Thomas @ 3:54 AM :: 4976 Views :: Office of Elections

..."execution of the 2012 General Election fell short of the electorate's reasonable expectations" -- ICA, Dec 18, 2015....

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Wednesday, December 23, 2015
More SCOTUS Action In Oprah/Everyone Wins Election
By Robert Thomas @ 3:54 PM :: 5991 Views :: Akaka Bill, OHA

...asking the Court to slap the State, the Governor, OHA and its trustees, and Nai Aupuni (and others, including the ironically-named Akamai Foundation) for violating the Court's injunction....

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