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The Character Of The Governmental Action, Thomas W. Merrill
The Character Of The Governmental Action, Thomas W. Merrill
Faculty Scholarship
Penn Central Transportation Co. v. New York City holds a secure position in the architecture of the regulatory takings doctrine. That doctrine is at bottom a tool for distinguishing between different governmental powers; in particular, between the power of eminent domain and the police power. Because eminent domain requires that compensation be paid, whereas the police power does not, it is necessary to draw a line between these powers. Conceivably we could simply take the legislature at its word as to which power it is exercising. But at least since Pennsylvania Coal Co. v. Mahon, the Supreme Court has insisted …
Litigation Finance: What Do Judges Need To Know?, Bert Huang
Litigation Finance: What Do Judges Need To Know?, Bert Huang
Faculty Scholarship
In our classic image of an American lawsuit, including class actions, the plaintiffs lawyer pays the upfront costs and then hopes to recoup them from a share of the winnings. But today, this picture is incomplete. It is no longer only the law firm's own war chest that finances a case – so can outside investors and lenders. As Judge Hellerstein has just reminded us, the 9/11 cases he presided over involved such third-party financing. The Ecuadorian plaintiffs' environmental case against Chevron, now pending in the Southern District of New York, is another prominent example in the news.