Inconsistent language = inconsistent justice

May 10, 2013 | By BRIAN HODGES

Earlier this week, I put the finishing touches on an article discussing the U.S. Supreme Court’s decision in Arkansas Game & Fish Commission v. United States. As you may recall, the case began when the U.S. Army Corps of Engineers, as part of a temporary dam management plan, inundated the Commission’s timberlands for six consecutive ...


PLF seeking information from Davis and Berkeley

February 20, 2013 | By JOSHUA THOMPSON

Last week, a number of friends, colleagues, and outside attorneys emailed me this post from Josh Blackman.   It seems that both UC Davis and UC Berkeley are requiring law review authors to disclose their race and sex when submitting articles for publication.   This raises a number of very troubling questions:  Why do these two law reviews &# ...


Property rights trump ambiguous rules, that much is clear

February 08, 2012 | By BRIAN HODGES

Thanks to The Urban Lawyer (Vol. 43, No. 4) for publishing my article, Tie Goes to the Landowner: Ambiguous Zoning Ordinances and the Strict Construction Rule.  The article describes the evolution of the “strict construction rule,” which provides that ambiguous zoning ordinances must be strictly construed in favor of property owners.  ...


Respect the blog : legal scholars' increasing reliance on law blogs


Author: Brian T. Hodges Although the legal profession is quick to adopt any new technology or gadgetry that could improve productivity, when it comes to legal scholarship the profession has … well …  more than its fair share of Luddites.  The prevailing attitude that was beaten into my head back in law school was that ̷ ...