Kelo v. City of New London: Takings, 'Public Use,' Urban Waterfront Redevelopment, and the Likely Survival of the Republic
January 04, 2006
In June, the Supreme Court affirmed the power of municipal redevelopment agencies to take property by eminent domain in order to assemble large parcels for economic development. <i>Kelo v. City of New London</i>, No. 04-108 (U.S. June 23, 2005) held that a municipality may take private homes in good condition to transfer them to a private developer as a part of an integrated plan to redevelop an area of New London. This use of eminent domain did not violate the "public use" requirement of the Takings Clause of the Fifth Amendment that, at its core, prohibits the government from taking private property solely to transfer it to another private person to serve a private interest. Kelo follows the Court's decision in <i>Lingle v. Chevron U.S.A. Inc.</i>, 125 S. Ct. 2074 (2005), where the Court ruled that a state statute that was not reasonably calculated to achieve its stated goal was not, by virtue of that irrationality, an unconstitutional taking. (In that case, the statute imposed a cap on the rent that oil companies could charge service station owners in Hawaii in order to achieve the stated goal of lower gasoline prices.)
Revisiting Boilerplate or 'Miscellaneous' Lease Provisions
January 04, 2006
The May 2005 issue of <i>Commercial Leasing Law & Strategy</i> published an article presenting an overview of certain boilerplate provisions often found in the "Miscellaneous" section at the end of a commercial lease. ("Don't Forget the Boilerplate: Not All Standard Miscellaneous Provi-sions Are Standard," co-authored by Christopher A. Jones and Scott A. Weinberg.) The authors noted that after spending significant time drafting and redrafting the more "substantive" provisions of a lease, several seemingly less important provisions are frequently unexamined. The authors also noted, however, that the boilerplate provisions in leases are often not uniform, but instead, can vary dramatically, depending on whether the lease is drafted on behalf of a landlord or a tenant, and therefore, such provisions must also be carefully reviewed to ensure that they capture each party's understanding of the lease terms.
Editor's Note
January 04, 2006
Every year is filled with new opportunity and as Henry Ford said: "If you think you can do a thing or think you can't do a thing, you are right." So, take a step back as a management team and look at what's happening in the legal market.
Sports Team Models for Law Firm Management
January 04, 2006
Corporate structures have long been likened to military organizations, though this is the less popular style today. In attempts to increase productivity, morale and loyalty, corporate managers and analysts of corporate management have looked to sports models for fresh ideas which go deeper than the cliched sports metaphors. <br>Several models of the organization's operations and culture have been identified: Football as epitomizing managerial control and centralization; baseball as a model of individual autonomy and situational teamwork; basketball and soccer as focusing on voluntary cooperation and shared decision-making. Which characterizes your firm ' or the culture you desire?
What Lies Ahead for 2006
January 04, 2006
It doesn't take great foresight or a crystal ball to recognize that law firms will face some serious challenges in 2006. Coming events have already cast their shadows. Some of the challenges have existed for several years. Others are new. What they add up to are two basic questions most law firms must answer: "Do we recognize the challenges facing us?" and "How are we going to address them?" This article discusses several of these challenges and, where possible, suggests some alternatives for meeting them.
COURT WATCH
January 04, 2006
Highlights of the latest franchising cases from around the country.
Enforcing System Standards When Franchisees Have Long-Term Contracts
January 04, 2006
A franchisor's ability to enforce system standards and sustain the positive image of the brand is critical to the long-term success of a franchising system. To some degree, a franchisor's threat of termination or non-renewal contributes to that enforcement effect. But what can a franchisor do when a contract has a long duration and/or a franchisee has a strong legal presumption of renewal?
NEWS BRIEFS
January 04, 2006
Highlights of the latest franchising news from around the country.
Federal Preemption and Tort Claims
January 04, 2006
For medical device manufacturers, federal preemption can be a powerful defense to state tort claims. Although there is some split of authority, most federal courts of appeals that have addressed the issue have held that when a medical device reaches the market via the Food and Drug Administration's (FDA) rigorous "premarket approval" (PMA) process, many state common law claims are expressly preempted by the Medical Device Amendments (MDA) of 1976.
