Thursday, September 29, 2022
Hawai'i Free Press

Current Articles | Archives

Entries for 'Robert Thomas'

Monday, July 4, 2022
The Verified Complaint In Equity: The Declaration Of Independence
By Robert Thomas @ 12:01 AM :: 20248 Views :: National News, Hawaii History

...the structure and style of the Declaration follows a form familiar to most modern lawyers: a complaint initiating a lawsuit....

Read More..
Friday, April 15, 2022
Hawaii's Good Friday Holiday - What's Up With That?
By Robert Thomas @ 12:00 AM :: 30803 Views :: Hawaii History, Labor, Religion

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 ....

Read More..
Wednesday, December 22, 2021
Nine Years After Katherine Kealoha's Bungled Prosecution, Supreme Court Orders Return of Alleged Gambling Machines
By Robert Thomas @ 1:26 AM :: 1690 Views :: Ethics, Gambling

... Police Corruption Scandals Revenge for Gambling Prosecutions? ....

Read More..
Friday, December 10, 2021
Takings, PASH, and the Changing Coastal Environment
By Robert Thomas @ 5:55 PM :: 1093 Views :: Land Use

... the right to exclude is not "universally applicable" in the 808. Let that one sink in ....

Read More..
Thursday, November 11, 2021
Hawaii Supreme Court Guts-And-Replaces The Legislature's "Gut-And-Replace" Switcheroo
By Robert Thomas @ 8:01 PM :: 1468 Views :: Ethics, Hawaii State Government

... 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 ....

Read More..
Friday, August 27, 2021
SCOTUS Strikes Down CDC Eviction Moratorium And Leaves Tantalizing Clues About Takings
By Robert Thomas @ 11:48 PM :: 1905 Views :: Small Business, COVID-19

... The other shoe -- perhaps the most predictable shoe drop in legal history -- dropped yesterday ....

Read More..
Tuesday, August 3, 2021
Guam Mango Seizure Unconstitutional
By Robert Thomas @ 12:00 PM :: 1622 Views :: Judiciary, Small Business

... "[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." ....

Read More..
Sunday, June 20, 2021
State Supreme Court: With Environmentalism Anybody Can Veto Affordable Housing
By Robert Thomas @ 4:54 AM :: 3332 Views :: Maui County, Environment, Development, Greenmail, Judiciary, Land Use

... Anyone Claiming That An Affordable Housing Project Might Impact Their Property Interests In A "Clean And Healthful Environment" Has Standing To Object ....

Read More..
Wednesday, June 16, 2021
​Hawaii Court Of Appeals: You Can't Sanction A Member Of The Public For Merely Asking To Unseal Court Records
By Robert Thomas @ 10:15 PM :: 2294 Views :: Ethics, First Amendment, Judiciary

... the trial court sanctioned 'Judges for Justice' $17,000 for making the request ....

Read More..
Thursday, June 10, 2021
PASH and the Changing Coastal Environment
By Robert Thomas @ 2:01 AM :: 1509 Views :: Land Use

... a retrospective of one of the Hawaii Supreme Court's most famous (or infamous) decisions ....

Read More..
Sunday, April 4, 2021
Al Hee Claims Ownership of Federal Subsidies--Court Laughs
By Robert Thomas @ 2:47 AM :: 2516 Views :: DHHL, Ethics

... There's a lot there: acronyms, bureaucracy-speak, family-inside politician dealings, tax fraud convictions, and the like ....

Read More..
Wednesday, March 24, 2021
What are the Limits to Hawaii Governors' Emergency Powers?
By Robert Thomas @ 10:51 PM :: 1825 Views :: Hawaii State Government, COVID-19

... Hawai‘i’s statute contains a single major check on the executive’s delegated authority: the “automatic termination” provision ....

Read More..
Monday, February 22, 2021
SCOTUS Refuses to Hear Bridge Aina Lea Case
By Robert Thomas @ 4:00 PM :: 2934 Views :: Hawaii County , Development, Land Use

"... If there is no such thing as a regulatory taking, we should say so ...."

Read More..
Wednesday, January 27, 2021
Bridge Aina Lea: 9th Circuit Allows Case to go Forward
By Robert Thomas @ 4:42 AM :: 2893 Views :: Hawaii County , Development, Land Use

... The district court's judgment is reversed, case remanded for the merits ....

Read More..
Saturday, January 23, 2021
"25 Years of PASH"
By Robert Thomas @ 11:00 AM :: 2346 Views :: Greenmail, Land Use

... 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 ....

Read More..
Friday, December 11, 2020
Hawaii Supreme Court And Ineffective Assistance Of Appellate Counsel
By Robert Thomas @ 5:51 PM :: 1597 Views :: Judiciary

... 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 ....

Read More..
Monday, November 30, 2020
Bridge Aina Lea: US Supreme Court Demands Response from State
By Robert Thomas @ 4:43 AM :: 2498 Views :: Hawaii County , Development

... the State hired a DC SCOTUS player to argue that this case isn't worth the Court's time ....

Read More..
Friday, September 4, 2020
How Can? U.S. DHS: National Eviction Moratorium
By Robert Thomas @ 3:46 AM :: 2453 Views :: Law Enforcement, Small Business, COVID-19

...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)....

Read More..
Thursday, August 27, 2020
Bridge Aina Lea: US Supreme Court Urged to Hear Case
By Robert Thomas @ 3:14 AM :: 2394 Views :: Hawaii County , Land Use

 ...'This case is the proverbial 'Exhibit A' of much that is wrong with takings law.'....

Read More..
Sunday, July 19, 2020
Bridge Aina Lea Heading to US Supreme Court?
By Robert Thomas @ 12:13 AM :: 2812 Views :: Hawaii County , Land Use

...Cert Petition: "This case is the proverbial 'Exhibit A' of much that is wrong [with takings law]...."

Read More..
Monday, July 6, 2020
Unpacking Court Order Denying TRO to Block COVID Emergency Rules
By Robert Thomas @ 7:27 PM :: 1977 Views :: COVID-19

...When the opinion starts this way, you know which way it is headed....

Read More..
Tuesday, June 30, 2020
Hawaii AG: For The Hearing At Which I Will Argue That Indoor In-Person Gatherings Are Dangerous, Let's Gather Indoors In-Person!
By Robert Thomas @ 5:15 PM :: 2616 Views :: Judiciary, Tourism, COVID-19

...the court scheduled a hearing for Thursday, July 2, 2020....

Read More..
Friday, June 26, 2020
COVID Suits: One Case Dismissed, Judge Blocks Feds from Other
By Robert Thomas @ 4:39 AM :: 2168 Views :: Tourism, COVID-19

...The court also ordered plaintiffs to respond to the Governor's virus pre-check program....

Read More..
Thursday, June 25, 2020
The Separation of Powers Limitation on Hawaii’s Emergency Authority
By Robert Thomas @ 10:53 PM :: 2652 Views :: Hawaii State Government, Health Care, COVID-19

...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....

Read More..
Thursday, June 25, 2020
Will Hawaii COVID Lawsuits be Consolidated?
By Robert Thomas @ 3:54 AM :: 2147 Views :: Law Enforcement, COVID-19

...Ige yesterday asked the court to consolidate the two cases....

Read More..
Wednesday, June 24, 2020
Constitutional Law and States of Emergency: Lessons from the COVID-19 Pandemic
By Robert Thomas @ 11:59 PM :: 2256 Views :: COVID-19

...This is a one-hour program, open to the public....

Read More..
Tuesday, June 16, 2020
Another Hawaii Lawsuit: Coronavirus Orders Violate Right To Travel, Equal Protection, Due Process
By Robert Thomas @ 6:04 PM :: 3180 Views :: Small Business, COVID-19

...the second complaint filed in the U.S. District Court for the District of Hawaii challenging the governor's coronavirus shut down orders....

Read More..
Thursday, June 11, 2020
Hawaii COVID Lawsuit: Emergency Rules Unconstitutional Beyond 60 Days
By Robert Thomas @ 4:54 AM :: 4671 Views :: COVID-19

..."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.”....

Read More..
Wednesday, May 13, 2020
Petitioner Needs Counsel For Supreme Court Oral Arguments In Due Process Case
By Robert Thomas @ 9:59 AM :: 2560 Views :: Family, Judiciary

...Should the parties be accepted to the Appellate Pro Bono Program, plaintiff may renew his motion for retention of oral argument....

Read More..
Monday, May 4, 2020
Supreme Livestream: Maui Water Rights Case
By Robert Thomas @ 10:09 PM :: 3565 Views :: Maui County, Greenmail, Judiciary, OHA

...Hawaii Supreme Court Livestream Oral Argument In Water Rights, Admin Law Case (Tuesday, May 5, 2020, 10am HT)....

Read More..
Monday, April 27, 2020
Lahaina Injection Wells: Ad hoc rules and non-exhaustive lists of "factors"
By Robert Thomas @ 3:57 AM :: 2514 Views :: Maui County, Environment

...the usual result is going to be that you run a big risk if you don't get a permit....

Read More..
Thursday, April 9, 2020
Safety Dance: Are There Limits To Lockdowns?
By Robert Thomas @ 2:42 AM :: 2639 Views :: First Amendment, Small Business, COVID-19

...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?"....

Read More..
Friday, April 3, 2020
Bridge Aina Lea: What Constitutes Loss?
By Robert Thomas @ 12:07 AM :: 2254 Views :: Hawaii County , Land Use

...The opinion also adds to the growing confusion about whether the regulatory takings doctrine deals with use or value....  

Read More..
Monday, March 30, 2020
Time For A "Coronavirus Disputes Court?"
By Robert Thomas @ 3:46 AM :: 2442 Views :: Judiciary, COVID-19

...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....

Read More..
Thursday, March 26, 2020
The Royal Origins Of "Police Power" Hawaii-Style: The King v. Tong Lee (1880)
By Robert Thomas @ 10:50 AM :: 3142 Views :: Hawaii History, Land Use, Small Business

...the first Hawaii case which uses the term "police power"....

Read More..
Thursday, March 19, 2020
​Emergencies, Police Power, Commandeering, And Compensation: Essential Readings
By Robert Thomas @ 5:00 AM :: 2529 Views :: Law Enforcement, COVID-19

...government power in times of crisis and the tension between that power and property and other individual rights....

Read More..
Wednesday, March 11, 2020
Debunked Litigation Strategy: Honolulu Latest to Sue Big Oil for Global Warming
By Robert Thomas @ 3:50 AM :: 1762 Views

...the fun part is in the claims for relief....

Read More..
Thursday, February 20, 2020
Bridge Aina Lea: 9th Circuit Takes Developer's Last Dollar
By Robert Thomas @ 2:44 AM :: 3926 Views :: Hawaii County , Development, Land Use

...the District Court had awarded nominal compensation ($1), after the jury concluded that the State of Hawaii took Aina Lea's property....

Read More..
Wednesday, December 18, 2019
Land Use: Hawaii Supreme Court Creates New Procedural Hoop to Jump Through
By Robert Thomas @ 12:04 PM :: 2978 Views :: Development, Land Use

...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....

Read More..
Friday, December 13, 2019
Legislature's "Gut-And-Replace" Procedure Violates Hawaii Constitution Three Readings Requirement
By Robert Thomas @ 3:55 AM :: 2718 Views :: Ethics, Hawaii State Government

...Here's the motion we filed today....

Read More..
Thursday, November 7, 2019
Hot Take On The Maui Clean Water Act Arguments
By Robert Thomas @ 2:12 PM :: 3702 Views :: Maui County, Environment, Tourism

...It all turns on the language of the Clean Water Act, and what does the term "from" mean....

Read More..
Wednesday, October 30, 2019
Maui Enviros Sue in State Court to Yank Case Away from US Supreme Court
By Robert Thomas @ 4:06 AM :: 3834 Views :: Maui County, Environment, Judiciary

... 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 ....

Read More..
Sunday, October 27, 2019
Bridge Aina Lea: Will Takings Claim Be Ruled out by Statute of Limitations?
By Robert Thomas @ 1:25 AM :: 3733 Views :: Hawaii County , Development, Law Enforcement

...State's Amicus Response....

Read More..
Friday, October 25, 2019
Lights Out In The Land Of No: The Practical Effects Of California's Wildfire Inverse Condemnation Doctrine
By Robert Thomas @ 6:55 PM :: 3541 Views :: Energy, Judiciary

...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....

Read More..
Monday, October 14, 2019
SCOTUS: Who is in charge at the County Of Maui?
By Robert Thomas @ 1:38 AM :: 3799 Views :: Maui County, Environment

...SCOTUS Oral Argument Hinges On Internal Dispute Over Who Can Settle....

Read More..
Friday, August 9, 2019
Bridge Aina Lea: Statute of Limitations?
By Robert Thomas @ 12:10 AM :: 4227 Views :: Hawaii County , Development, Land Use

...Here is the motion asking the Hawaii Supreme Court for leave to file an amicus curiae brief (and the proposed brief)....

Read More..
Wednesday, August 7, 2019
Honolulu's New Short-Term Rental Ordinance Challenged In Federal Court
By Robert Thomas @ 4:01 PM :: 6172 Views :: Honolulu County, Land Use, Small Business, Tourism

... read the full complaint ....

Read More..
Friday, June 28, 2019
What The US Supreme Court's Property Rights Decision Means For Hawaii's Property Owners
By Robert Thomas @ 3:10 AM :: 8154 Views :: National News, Development, Judiciary, Land Use, Small Business, Tourism

...Hawaii’s property owners now have many more options for fighting back against oppressive government regulation of property than they did last week.... 

Read More..
Wednesday, May 22, 2019
Does Legalizing Uber and Lyft 'Take' The Property Of Taxi Companies?
By Robert Thomas @ 6:34 PM :: 2744 Views :: Small Business

...taxi companies in several cities have brought lawsuits claiming that legalizing ride-share services such as Uber and Lyft violates the Takings Clause of the Fifth Amendment....

Read More..
Thursday, May 16, 2019
HAWSCT: PUC Must Consider Whether Renewable Biofuel Energy Plant Might Impact Property Right To Clean And Healthful Environment
By Robert Thomas @ 6:53 PM :: 4432 Views :: Hawaii County , Energy, Environment

...the court's conclusion that the property right to a clean and healthful environment not only requires the PUC to conduct an administrative trial, but that as part of the trial, the agency must expressly consider "the reduction of [greenhouse gas] emissions"....

Read More..
Page 1 of 8First   Previous   [1]  2  3  4  5  6  7  8  Next   Last   
Links

TEXT "follow HawaiiFreePress" to 40404

Register to Vote

2aHawaii

808 Silent Majority

ACA Signups Hawaii

Alliance Defending Freedom

Aloha Pregnancy Care Center

American Council of Trustees and Alumni

AntiPlanner

Antonio Gramsci Reading List

A Place for Women in Waipio

Astronomy Hawaii

Back da Blue Hawaii

Ballotpedia Hawaii

Better Hawaii

Broken Trust

Build More Hawaiian Homes Working Group

ChinaTownWatch.com

Christian Homeschoolers of Hawaii

Cliff Slater's Second Opinion

DVids Hawaii

FIRE

Fix Oahu!

Frontline: The Fixers

Genetic Literacy Project

Grassroot Institute

Habele.org

Hawaii Aquarium Fish Report

Hawaii Aviation Preservation Society

Hawaii Catholic TV

Hawaii Christian Coalition

Hawaii Cigar Association

Hawaii Coalition Against Legalized Gambling

Hawaii ConCon Info

Hawaii Credit Union Watch

Hawaii Crop Improvement Association

Hawaii Debt Clock

Hawaii Defense Foundation

Hawaii Family Advocates

Hawaii Family Forum

Hawaii Farmers and Ranchers United

Hawaii Farmer's Daughter

Hawaii Federalist Society

Hawaii Federation of Republican Women

Hawaii Future Project

Hawaii Gathering of Eagles

Hawaii History Blog

Hawaii Homeschool Association

Hawaii Jihadi Trial

Hawaii Legal News

Hawaii Legal Short-Term Rental Alliance

Hawaii Life Alliance

Hawaii March for Life 

Hawaii Matters

Hawaii's Partnership for Appropriate & Compassionate Care

Hawaii Public Charter School Network

Hawaii Rifle Association

Hawaii Shippers Council

Hawaii Smokers Alliance

Hawaii State Data Lab

Hawaii Together

HIEC.Coop

HiFiCo

Hiram Fong Papers

Homeschool Legal Defense Hawaii

Honolulu Navy League

Honolulu Traffic

House Minority Blog

Imua TMT

Inouye-Kwock, NYT 1992

Inside the Nature Conservancy

Inverse Condemnation

Investigative Project on Terrorism

July 4 in Hawaii

Kakaako Cares

Keep Hawaii's Heroes

Land and Power in Hawaii

Legislative Committee Analysis Tool

Lessons in Firearm Education

Lingle Years

Malulani Foundation

Managed Care Matters -- Hawaii

Malama Pregnancy Center of Maui

Mauna Kea Recreational Users Group

MentalIllnessPolicy.org

Military Home Educators' Network Oahu

Missile Defense Advocacy

MIS Veterans Hawaii

NAMI Hawaii

Natatorium.org

National Christian Foundation Hawaii

National Parents Org Hawaii

NFIB Hawaii News

No GMO Means No Aloha

Not Dead Yet, Hawaii

NRA-ILA Hawaii

Oahu Alternative Transport

Obookiah

OHA Lies

Opt Out Today

OurFutureHawaii.com

Patients Rights Council Hawaii

PEACE Hawaii

People vs Machine

Pritchett Cartoons

Pro-GMO Hawaii

P.U.E.O.

RailRipoff.com

Rental by Owner Awareness Assn

ReRoute the Rail

Research Institute for Hawaii USA

Rick Hamada Show

RJ Rummel

Robotics Organizing Committee

Save Dillingham Airfield

School Choice in Hawaii

SenatorFong.com

Sink the Jones Act

Statehood for Guam

Talking Tax

Tax Foundation of Hawaii

The Real Hanabusa

Time Out Honolulu

Trustee Akina KWO Columns

UCC Truths

US Tax Foundation Hawaii Info

VAREP Honolulu

Waagey.org

West Maui Taxpayers Association

What Natalie Thinks

Whole Life Hawaii

Yes2TMT