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The Latest Breaking News from Berman

Supreme Court Refuses to Hear "Passive Park" Public Use Property Rights Case

While I am eager for the Court to take another public use case, I am actually happy the justices chose to reject this one. Its unusual facts made it a poor vehicle for revisiting Kelo v. City of New London.

Vance Bizarrely Compares Harris's CNN Interview To Flubbed Answer by Teen Beauty Queen 17 Years Ago

Vance Bizarrely Compares Harris's CNN Interview To Flubbed Answer by Teen Beauty Queen 17 Years Ago

He later refused to apologize after being told teen contemplated suicide after her answer went viral

International Business Times

Short Circuit: A Roundup of Recent Federal Court Decisions

Frothy fonts, unprofessional death threats, and books about butts and farts.

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Second Circuit Rules that a "Passive Park" Qualifies as a Public Use Authorizing Use of Eminent Domain—Even if this Rationale is a Pretext for a Desire to Block Private Owners' Plan to Build a Hardware Store

The case raises an important issue about what qualifies as a "pretextual" taking. It's a rare takings issue on which I don't have a clear position.

My Forthcoming Article on "The Case for Expanding the Anticanon of Constitutional Law"

It argues for increasing the number of cases in the Supreme Court's "Hall of Shame" and proposes three worthy additions.

Reversing Roe v. Wade Wouldn't be the First Time the Supreme Court Gutted Precedents that Protect Individual Rights - Far From it

That fact doesn't necessarily justify overruling Roe. Depending on how it's viewed, the history of such reversals may even counsel against further such moves.

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