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12 Jan 2022, 7:53 am
[Roe, overbreadth, and the reason why the statutes in Roe were unconstitutional on their faces.] Dobbs v. Jackson Women's Health Center is currently before the Supreme Court, and the litigants in Dobbs believe that the case presents the question whether Roe v. Wade (1973) and Planned Parenthood of Southeastern Pennsylvania v. Casey (1992) should be reaffirmed or overruled. When the litigants and others talk about reaffirming or overruling "Roe" and "Casey," they are talking… [read post]
11 Jan 2022, 7:16 am
[Roe, its judgment, and its reasons for decision.] As I showed in yesterday's post, Dobbs v. Jackson Women's Health Center is currently before the Supreme Court, and the litigants in Dobbs believe that the case presents the question whether Roe v. Wade (1973) and Planned Parenthood of Southeastern Pennsylvania v. Casey (1992) should be reaffirmed or overruled. If oral argument is a reliable guide, so do many of the Justices. For those lawyers and judges, Roe and Casey entitle pregnant… [read post]
10 Jan 2022, 5:01 am
[Roe and Casey—reaffirming, overruling … and rewriting.] Eugene, thank you for the opportunity to guest-blog at The Volokh Conspiracy! I'm an avid reader, I admire the work of TVC's regular bloggers, and I'm honored to join you all this week. I'm blogging this week about the pending U.S. Supreme Court case Dobbs v. Jackson Women's Health Organization. In the next couple of months, I'll publish an article in the Georgetown Journal of Law and Public Policy… [read post]
10 Aug 2022, 7:22 am
End the Separation of Church and State (Kimberly Wehle, Politico) Minimalism and Formalism in Dobbs (Eric [read post]
14 Aug 2017, 9:05 pm
Eric Claeys (George Mason/Scalia) on Penn Central v. [read post]
29 Dec 2015, 3:09 am
in environmental law at Federalist Society National Lawyers’ Convention with David Schoenbrod, Eric [read post]
25 Jan 2026, 9:05 pm
In the second response, Eric R. [read post]
20 Jan 2025, 10:24 am
Thank you, Eugene! It's always an honor and a pleasure to write for The Volokh Conspiracy. My topic this week is specialized, but it's one likely to interest quite a few TVC readers: When a federal court hears an inverse-condemnation ("takings") lawsuit, the first thing it needs to do is to determine whether the plaintiffs have constitutional "private property" sufficient to give them federal claims. What law should the court consult to determine whether the plaintiffs… [read post]
21 Jan 2025, 5:01 am
In yesterday's post, I recounted what happened in Tyler v. Hennepin County, Minnesota, and I restated questions lawyers might reasonably ask about the case. In Tyler, Chief Justice John Roberts, the author of the Court opinion, held that surplus equity—the proceeds left over after a creditor forecloses and sells real estate to pay off a debt—constitutes "private property" sufficient to support claims under the Takings Clause. To justify that conclusion, Roberts cited Magna… [read post]
24 Jan 2025, 5:01 am
This week, I've blogged on a forthcoming article about the Supreme Court case Tyler v. Hennepin County, Minnesota. As I showed on Monday, in Tyler the U.S. Supreme Court held that surplus equity constitutes "private property" sufficient to support claims under the Takings Clause. As I showed on Tuesday and Wednesday, the Court reached that conclusion (primarily) by figuring out what the general law in England and the American states held at the Founding on surplus equity but… [read post]
23 Jan 2025, 5:01 am
Yesterday, I finished covering the law and doctrine from my forthcoming article about the Supreme Court case Tyler v. Hennepin County, Minnesota. As I showed on Monday, the U.S. Supreme Court held that surplus equity constitutes "private property" sufficient to support claims under the Takings Clause. As I showed on Tuesday, in the course of reaching that holding, Chief Justice Roberts made a little clearer and more orderly the principles the Court relies on when it makes choice of law… [read post]
22 Jan 2025, 8:05 am
Let me sum up what I've shown so far in this series about my forthcoming article about the Supreme Court case Tyler v. Hennepin County, Minnesota. As I showed on Monday, the U.S. Supreme Court held that surplus equity constitutes "private property" sufficient to support claims under the Takings Clause. To reach that holding, Chief Justice Roberts (author of the Court's opinion in Tyler) consulted legal sources that seem odd to property lawyers. Takings cases like Webb's… [read post]
30 Jun 2025, 6:37 pm
Eric Claeys - a leading property law scholar - moderated. [read post]
15 Mar 2017, 11:01 am
speaking on “Slavery, Exclusion and the ‘Essence’ of Ownership” Eric [read post]
9 Feb 2007, 2:42 pm
to FSU Alex Long from Oklahoma City U. to U. of Tennessee Paul Horwitz from Southwestern to Alabama Eric [read post]
5 Sep 2017, 6:52 pm
(Eric Claeys is another).This conceptual shift should stimulate signifiant thought for property [read post]
