(topics are arranged roughly in the order that they appear in the casebook)
Right of Publicity. Selena Gomez has filed suit against a mobile app maker for using her likeness in a game (and apparently a “bug-riddled” game at that!) Thanks to Amy Hong for this one!
Copyright and Takings. Ordinarily, state governments are immune from federal lawsuits on the basis of sovereign immunity. Copyright law is federal law. So can state governments use your copyrighted photos without facing liability? The Supreme Court just decided that states are indeed immune. The Court took up this question in connection with an underwater photographer, who took pictures of Blackbeard’s wrecked pirate ship off the North Carolina coast. True story! Katherine Cienkus tipped me off to this one–thanks Katherine!
Easements and public lake access. Here’s a local news story from up in Michigan that you might find amusing. It has to do with public access to lakes at so-called “public road ends” upon which the public retains an easement. Thanks to Mike Atkins for finding the story and the statute!
Covenants not to sue. Can a landowner waive her right to sue a neighbor for nuisance? Yes, but you’ll need to record the instrument, which might make life difficult for you later!
HOAs. Here is an interesting blog post about several HOAs behaving badly during the pandemic.
Land Use and the “New Urbanism.” Here’s a TED talk by Peter Calthorpe that some of you might find intriguing.
Zoning and Design Standards. Thanks to Micah Allred for this one. Leavenworth, Washington, is a kitschy tourist-trap of a town in the Cascade Mountains a few hours east of Seattle. The town has styled itself as a Bavarian village, and has imposed strict architectural and design standards to maintain its character. The zoning ordinance requires adherence to the “Old World Bavarian Architectural Theme.” There are lots of references to flower boxes and a stern warning that “flush, unadorned windows are unacceptable.”
Follow up to Kelo. After the lawsuit, and after Pfizer abandoned its plans to expand in Fort Trumbull, Suzette Kelo’s house was purchased by a local preservationist and relocated to another neighborhood in New London. Although the condemned land remains vacant, apparently some locals have started planting trees on the land, in their own brand of activism. (Thanks to Casey Li for these stories!)
As promised in the final lecture, here is the Daily Show clip about the Horne v. Dept. of Agriculture (2015) case at the US Supreme Court, mentioned on p. 845 (note 2) of your casebook.