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Entries for 'Robert Thomas'
Friday, September 22, 2023 |
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Wednesday, August 23, 2023 |
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Audio: Hawaii Inverse Condemnation and Wildfires
By Robert Thomas @ 8:44 PM :: 1369 Views :: Energy, Environment
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... will Hawaii adopt California's version of inverse condemnation liability in wildfire cases? ....
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Tuesday, August 15, 2023 |
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HECO Suits: Two Vacant Hawaii Supreme Court Seats Loom Large
By Robert Thomas @ 8:38 PM :: 2068 Views :: Maui County, Energy
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... Hawaii certainly has not adopted the California model of inverse condemnation liability for wildfires. So this will be a case of first impression ....
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Tuesday, July 4, 2023 |
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The Verified Complaint In Equity: The Declaration Of Independence
By Robert Thomas @ 12:01 AM :: 22862 Views :: National News, Hawaii History
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...the structure and style of the Declaration follows a form familiar to most modern lawyers: a complaint initiating a lawsuit....
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Friday, April 7, 2023 |
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Hawaii's Good Friday Holiday - What's Up With That?
By Robert Thomas @ 1:00 PM :: 33684 Views :: Hawaii History, Labor, Religion
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If you ask how "a religious holiday observed primarily by Christians commemorating the crucifixion of Jesus Christ and his death at Calvary" squares with the Establishment Clause of the First Amendment, let us explain ....
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Friday, December 9, 2022 |
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Law Of The Lava - Who Owns New "Accreted" Land?
By Robert Thomas @ 10:08 PM :: 1446 Views :: Hawaii County , Land Use
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... who owns "accreted" lava ....
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Tuesday, October 18, 2022 |
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Federal Court: Honolulu's 3-Month Minimum Rental Term Preempted By State Law
By Robert Thomas @ 9:28 PM :: 2145 Views :: Honolulu County, Small Business, Tourism
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... Violating the ordinance meant massive daily fines ($10k), plus disgorgement of the rent. Thus, not surprisingly, the ordinance drew a federal court challenge from property owners ....
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Wednesday, December 22, 2021 |
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Friday, December 10, 2021 |
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Takings, PASH, and the Changing Coastal Environment
By Robert Thomas @ 5:55 PM :: 1530 Views :: Land Use
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... the right to exclude is not "universally applicable" in the 808. Let that one sink in ....
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Thursday, November 11, 2021 |
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Hawaii Supreme Court Guts-And-Replaces The Legislature's "Gut-And-Replace" Switcheroo
By Robert Thomas @ 8:01 PM :: 1970 Views :: Ethics, Hawaii State Government
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... a well-functioning republic presumes that those tasked with vigilance -- the public -- have the opportunity to understand the substance of what those whom we elect to represent us are actually doing ....
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Friday, August 27, 2021 |
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SCOTUS Strikes Down CDC Eviction Moratorium And Leaves Tantalizing Clues About Takings
By Robert Thomas @ 11:48 PM :: 2408 Views :: Small Business, COVID-19
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... The other shoe -- perhaps the most predictable shoe drop in legal history -- dropped yesterday ....
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Tuesday, August 3, 2021 |
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Guam Mango Seizure Unconstitutional
By Robert Thomas @ 12:00 PM :: 2141 Views :: Judiciary, Small Business
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... "[i]n the case before us, the government is not merely restricting what Genpro may do with its dried mangoes, it is compelling the physical surrender of the mangoes to WSTCO." ....
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Sunday, June 20, 2021 |
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State Supreme Court: With Environmentalism Anybody Can Veto Affordable Housing
By Robert Thomas @ 4:54 AM :: 4502 Views :: Maui County, Environment, Development, Greenmail, Judiciary, Land Use
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... Anyone Claiming That An Affordable Housing Project Might Impact Their Property Interests In A "Clean And Healthful Environment" Has Standing To Object ....
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Thursday, June 10, 2021 |
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PASH and the Changing Coastal Environment
By Robert Thomas @ 2:01 AM :: 1889 Views :: Land Use
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... a retrospective of one of the Hawaii Supreme Court's most famous (or infamous) decisions ....
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Sunday, April 4, 2021 |
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Al Hee Claims Ownership of Federal Subsidies--Court Laughs
By Robert Thomas @ 2:47 AM :: 3071 Views :: DHHL, Ethics
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... There's a lot there: acronyms, bureaucracy-speak, family-inside politician dealings, tax fraud convictions, and the like ....
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Wednesday, March 24, 2021 |
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What are the Limits to Hawaii Governors' Emergency Powers?
By Robert Thomas @ 10:51 PM :: 2352 Views :: Hawaii State Government, COVID-19
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... Hawai‘i’s statute contains a single major check on the executive’s delegated authority: the “automatic termination” provision ....
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Monday, February 22, 2021 |
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SCOTUS Refuses to Hear Bridge Aina Lea Case
By Robert Thomas @ 4:00 PM :: 3673 Views :: Hawaii County , Development, Land Use
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"... If there is no such thing as a regulatory taking, we should say so ...."
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Wednesday, January 27, 2021 |
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Bridge Aina Lea: 9th Circuit Allows Case to go Forward
By Robert Thomas @ 4:42 AM :: 3640 Views :: Hawaii County , Development, Land Use
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... The district court's judgment is reversed, case remanded for the merits ....
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Saturday, January 23, 2021 |
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"25 Years of PASH"
By Robert Thomas @ 11:00 AM :: 3087 Views :: Greenmail, Land Use
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... in the PASH case the Hawaii Supreme Court concluded that subject to certain qualifications, the Hawaii Constitution allows native Hawaiians to exercise traditional practices, even on private property ....
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Friday, December 11, 2020 |
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Hawaii Supreme Court And Ineffective Assistance Of Appellate Counsel
By Robert Thomas @ 5:51 PM :: 1993 Views :: Judiciary
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... The trial court concluded that indeed, appellate counsel had been ineffective, but also declined to enter any relief because a trial court obviously cannot order the Supreme Court to reconsider ....
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Monday, November 30, 2020 |
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Bridge Aina Lea: US Supreme Court Demands Response from State
By Robert Thomas @ 4:43 AM :: 3077 Views :: Hawaii County , Development
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... the State hired a DC SCOTUS player to argue that this case isn't worth the Court's time ....
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Friday, September 4, 2020 |
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How Can? U.S. DHS: National Eviction Moratorium
By Robert Thomas @ 3:46 AM :: 3118 Views :: Law Enforcement, Small Business, COVID-19
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...state and local governments may be breathing a sigh of relief: thanks to this order, the feds have just stepped up to be the defendant in takings lawsuits and to be on the financial hook for any judgments for eviction moratoria (at least in those jurisdictions that have not adopted more protective restrictions)....
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Thursday, August 27, 2020 |
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Bridge Aina Lea: US Supreme Court Urged to Hear Case
By Robert Thomas @ 3:14 AM :: 2937 Views :: Hawaii County , Land Use
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...'This case is the proverbial 'Exhibit A' of much that is wrong with takings law.'....
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Sunday, July 19, 2020 |
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Bridge Aina Lea Heading to US Supreme Court?
By Robert Thomas @ 12:13 AM :: 3359 Views :: Hawaii County , Land Use
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...Cert Petition: "This case is the proverbial 'Exhibit A' of much that is wrong [with takings law]...."
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Monday, July 6, 2020 |
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Unpacking Court Order Denying TRO to Block COVID Emergency Rules
By Robert Thomas @ 7:27 PM :: 2381 Views :: COVID-19
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...When the opinion starts this way, you know which way it is headed....
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Friday, June 26, 2020 |
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COVID Suits: One Case Dismissed, Judge Blocks Feds from Other
By Robert Thomas @ 4:39 AM :: 2612 Views :: Tourism, COVID-19
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...The court also ordered plaintiffs to respond to the Governor's virus pre-check program....
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Thursday, June 25, 2020 |
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The Separation of Powers Limitation on Hawaii’s Emergency Authority
By Robert Thomas @ 10:53 PM :: 3202 Views :: Hawaii State Government, Health Care, COVID-19
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...a hard look at the most important limitation on government power in an emergency, the statutory requirement that any emergency proclamation automatically terminates no later than sixty days after it is issued....
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Thursday, June 25, 2020 |
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Will Hawaii COVID Lawsuits be Consolidated?
By Robert Thomas @ 3:54 AM :: 2601 Views :: Law Enforcement, COVID-19
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...Ige yesterday asked the court to consolidate the two cases....
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Wednesday, June 24, 2020 |
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Constitutional Law and States of Emergency: Lessons from the COVID-19 Pandemic
By Robert Thomas @ 11:59 PM :: 2635 Views :: COVID-19
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...This is a one-hour program, open to the public....
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Tuesday, June 16, 2020 |
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Another Hawaii Lawsuit: Coronavirus Orders Violate Right To Travel, Equal Protection, Due Process
By Robert Thomas @ 6:04 PM :: 3653 Views :: Small Business, COVID-19
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...the second complaint filed in the U.S. District Court for the District of Hawaii challenging the governor's coronavirus shut down orders....
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Thursday, June 11, 2020 |
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Hawaii COVID Lawsuit: Emergency Rules Unconstitutional Beyond 60 Days
By Robert Thomas @ 4:54 AM :: 5053 Views :: COVID-19
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..."From day 61 on, the governor is both making laws and enforcing them, in violation of the separation of powers provisions under Hawaii’s state constitution.”....
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Wednesday, May 13, 2020 |
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Petitioner Needs Counsel For Supreme Court Oral Arguments In Due Process Case
By Robert Thomas @ 9:59 AM :: 3078 Views :: Family, Judiciary
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...Should the parties be accepted to the Appellate Pro Bono Program, plaintiff may renew his motion for retention of oral argument....
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Monday, May 4, 2020 |
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Supreme Livestream: Maui Water Rights Case
By Robert Thomas @ 10:09 PM :: 4434 Views :: Maui County, Greenmail, Judiciary, OHA
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...Hawaii Supreme Court Livestream Oral Argument In Water Rights, Admin Law Case (Tuesday, May 5, 2020, 10am HT)....
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Monday, April 27, 2020 |
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Lahaina Injection Wells: Ad hoc rules and non-exhaustive lists of "factors"
By Robert Thomas @ 3:57 AM :: 3034 Views :: Maui County, Environment
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...the usual result is going to be that you run a big risk if you don't get a permit....
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Thursday, April 9, 2020 |
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Safety Dance: Are There Limits To Lockdowns?
By Robert Thomas @ 2:42 AM :: 3172 Views :: First Amendment, Small Business, COVID-19
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...Join us next Tuesday, April 14, 2020, at 12 noon Hawaii Time for a free webinar sponsored by the Grassroot Institute of Hawaii, "Safety vs. Freedom: Are There Limits to Lockdowns?"....
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Friday, April 3, 2020 |
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Bridge Aina Lea: What Constitutes Loss?
By Robert Thomas @ 12:07 AM :: 2715 Views :: Hawaii County , Land Use
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...The opinion also adds to the growing confusion about whether the regulatory takings doctrine deals with use or value....
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Monday, March 30, 2020 |
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Time For A "Coronavirus Disputes Court?"
By Robert Thomas @ 3:46 AM :: 2964 Views :: Judiciary, COVID-19
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...given the magnitude of the potential claims arising out the present situation, one way to bring the takings, commandeering, landlord-tenant, insurance, and other closely-related issues to a quick(er) resolution....
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Thursday, March 19, 2020 |
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Emergencies, Police Power, Commandeering, And Compensation: Essential Readings
By Robert Thomas @ 5:00 AM :: 3058 Views :: Law Enforcement, COVID-19
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...government power in times of crisis and the tension between that power and property and other individual rights....
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Wednesday, March 11, 2020 |
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Debunked Litigation Strategy: Honolulu Latest to Sue Big Oil for Global Warming
By Robert Thomas @ 3:50 AM :: 2063 Views
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...the fun part is in the claims for relief....
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Thursday, February 20, 2020 |
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Bridge Aina Lea: 9th Circuit Takes Developer's Last Dollar
By Robert Thomas @ 2:44 AM :: 4826 Views :: Hawaii County , Development, Land Use
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...the District Court had awarded nominal compensation ($1), after the jury concluded that the State of Hawaii took Aina Lea's property....
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Wednesday, December 18, 2019 |
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Land Use: Hawaii Supreme Court Creates New Procedural Hoop to Jump Through
By Robert Thomas @ 12:04 PM :: 3481 Views :: Development, Land Use
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...HAWSCT: When Agency Includes Conditions In Phase 1 Land Use Permit, But Later Removes The Conditions In Phase 2 Permit, Party Who Asked For Conditions Is Entitled To Notification....
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Friday, December 13, 2019 |
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Thursday, November 7, 2019 |
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Hot Take On The Maui Clean Water Act Arguments
By Robert Thomas @ 2:12 PM :: 4330 Views :: Maui County, Environment, Tourism
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...It all turns on the language of the Clean Water Act, and what does the term "from" mean....
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Wednesday, October 30, 2019 |
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Maui Enviros Sue in State Court to Yank Case Away from US Supreme Court
By Robert Thomas @ 4:06 AM :: 4545 Views :: Maui County, Environment, Judiciary
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... If this were federal court with its Article III case and controversy standing requirements, we'd bet the court might have a difficult time finding standing. But this is a Hawaii court applying Hawaii law, and anyone who might be able to allege even "butterfly effect" linkage to the desired outcome has a very good argument for standing ....
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Friday, October 25, 2019 |
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Lights Out In The Land Of No: The Practical Effects Of California's Wildfire Inverse Condemnation Doctrine
By Robert Thomas @ 6:55 PM :: 4127 Views :: Energy, Judiciary
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...if the power is to be shut off to more than a handful of customers statewide, the power must also be shut off to the homes of both the responsible utility execs and the state legislature and executive office buildings....
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Monday, October 14, 2019 |
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SCOTUS: Who is in charge at the County Of Maui?
By Robert Thomas @ 1:38 AM :: 4383 Views :: Maui County, Environment
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...SCOTUS Oral Argument Hinges On Internal Dispute Over Who Can Settle....
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