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Re: TII post# 237750

Tuesday, 08/12/2014 2:17:37 PM

Tuesday, August 12, 2014 2:17:37 PM

Post# of 793658
Noticed change in Fannie Mae attorney. D. Zachary Hudson replaced by George Hicks.

D. Zachary Hudson
Eminent Domain Due Process
abstract. This Note analyzes the apparent disconnect between eminent domain doctrine
and due process doctrine. Following Kelo, numerous states have reformed their eminent domain
laws in an effort to ensure that the takings power is not abused. Whatever one makes of these
legislative reforms, at an absolute minimum, the Due Process Clause should guarantee that
landowners receive notice and an opportunity for some sort of judicial determination of the
legality of the taking before the land is actually taken.
After cataloging existing eminent domain
laws, this Note traces the evolution of these laws over time in both the legislatures and the
courts. In parallel, this Note analyzes the evolving circumstances driving the judicial perception
of eminent domain. Examining these facts, the Note explains why courts have failed to rein in
the eminent domain power with procedural protections. After establishing the appropriateness
of applying modern due process principles to eminent domain actions, the focus of the inquiry
shifts to what procedural due process demands. This colloquy explains what process is due, what
the content and form of that process should be, and the likely effects of recognizing due process
rights in the eminent domain context.
author. Yale Law School, J.D.; Georgetown University, M.P.P.; United States Naval
Academy, B.S. The author wishes to thank Professor Thomas Merrill for his thoughtful and
thorough guidance during the development of this Note—his insight and mentorship were
integral to the piece’s completion. Also, the author offers his sincere gratitude to Elizabeth Tulis
and the rest of The Yale Law Journal’s editorial staff for their expert assistance in refining the
piece.

http://www.yalelawjournal.org/note/eminent-domain-due-process

George W. Hicks, Jr.
George W. Hicks, Jr., is a partner at Bancroft PLLC. He joined Bancroft from Williams & Connolly LLP, where he practiced from 2007 to 2011. Mr. Hicks previously served as a law clerk to Chief Justice John G. Roberts, Jr., in the Supreme Court of the United States and Judge Janice R. Brown of the U.S. Court of Appeals for the District of Columbia Circuit.
Mr. Hicks’s practice focuses primarily on Supreme Court and appellate matters and critical motions work. He has written successful merits briefs in four cases before the Supreme Court of the United States: Northwest, Inc. v. Ginsberg (addressing preemption under the Airline Deregulation Act); Sekhar v. United States (addressing extortion under the federal Hobbs Act); Armour v. City of Indianapolis (addressing equal protection and taxation); and Smith v. Cain (addressing disclosure obligations in criminal proceedings). He has also written successful briefs and dispositive motions before the federal courts of appeals and federal district courts. His appellate matters have addressed a wide range of subjects including jurisdiction, preemption, presidential power, the First Amendment, due process, equal protection, administrative law, commercial law, federal criminal law, bankruptcy, intellectual property, CERCLA, and professional liability. Mr. Hicks also has extensive trial-level litigation experience as well as experience with internal corporate investigations and congressional and SEC investigations, and he has argued before the U.S. Court of Appeals for the Seventh Circuit and the Maryland Court of Special Appeals. In 2014, he was named a Washington, DC Super Lawyers “Rising Star” in the area of appellate practice.
A native of Indianapolis, Indiana, Mr. Hicks graduated magna cum laude from Harvard Law School in 2005, where he served as an editor of the Harvard Law Review. He received his undergraduate degree in economics from Harvard College, where he received the Detur Prize for placement in the top ten percent of his first-year class and the John Harvard Scholarship for academic achievement of the highest distinction in all years. Mr. Hicks worked as an investment banker before attending law school. He is a member of the Edward Coke Appellate Inn of Court.

http://www.bancroftpllc.com/professionals/george-w-hicks/

George Hicks:
http://www.lawfareblog.com/wp-content/uploads/2014/04/Ralls-Corp.-v.-CFIUS-Brief-for-Appellant-2.pdf



The following other attorneys plan to appear by telephone:
• George Hicks, Bancroft PLLC (representing Fannie Mae)