Supreme Court Preview: Timbs v. Indiana
Yale Student Chapter
Yale Law School
127 Wall St
New Haven, CT 06511
127 Wall St
New Haven, CT 06511
Senior Vice President and Litigation Director, Institute for Justice
Dana Berliner serves as Senior Vice President and Litigation Director at the Institute for Justice, where she has worked as a lawyer since 1994.
The focus of Dana’s litigation at IJ has been property rights. She successfully represented the Community Youth Athletic Center, a boxing gym and mentoring program for at-risk youth, which challenged the city of National City’s authorization of taking the CYAC’s property for private development; the California Court of Appeal ruled in 2013 that the authorization of eminent domain was invalid and that National City had violated California’s Public Records Act. Dana also represented the home and business owners in Norwood, Ohio, who, on July 26, 2006, secured a unanimous ruling from the Ohio Supreme Court that the city could not take their property for a privately owned shopping mall and “lifestyle center.” Along with co-counsel Scott Bullock, she represented the homeowners in Kelo v. New London, in which the U.S. Supreme Court ruled that cities could condemn property because other uses may produce an increase in tax dollars and jobs. Dana, along with many others at IJ, worked to turn the nationwide outrage caused by the decision into new state statutes, constitutions and judicial decisions that cut back on eminent domain abuse. She secured a ruling that the Village of Port Chester, N.Y., violated due process in its use of eminent domain to secure waterfront property. Since 2008, Dana has been recognized every year as a “Best Lawyer” in eminent domain and condemnation law by the publication Best Lawyers in America.
On issues of free speech and economic liberty, Dana successfully defended Carla Main and Encounter Books, who wrote and published a book about eminent domain abuse in Texas and across the country, against a defamation suit brought by a developer who stood to receive property taken by eminent domain. She secured a victory in favor of two New Orleans entrepreneurs in a federal First Amendment challenge to the city of New Orleans’ ban on sidewalk book vending. As trial counsel, Dana also secured a ruling that the Nevada Transportation Services Authority violated the rights of several would-be limousine entrepreneurs by subjecting them to an onerous and arbitrary licensing process that gave undue power to existing companies opposing competition. And she successfully represented an aspiring teacher of African hair braiding in Mississippi, as well as two of her students, challenging restrictions on learning and teaching African hair braiding in Mississippi.
In 2012, Dana became IJ’s Litigation Director. She now oversees all of IJ’s litigation, helping other attorneys craft both their major legal theories and their day-to-day litigation strategies. And she helps to set the litigation directions that IJ will take. In 2016, Dana began her role as IJ’s Senior Vice President.
Dana authored Opening the Floodgates: Eminent Domain Abuse in the Post-Kelo World, a report on the use and threatened use of eminent domain for private development in the year since the Kelo decision. Dana also authored Public Power, Private Gain: A Five-Year, State-by-State Report Examining the Abuse of Eminent Domain, the first-ever nationwide study on the abuse of eminent domain, released in 2003.
Dana has been quoted in The New York Times, USA Today, Wall Street Journal, NPR and The Washington Post as well as on various radio and television broadcasts, including 60 Minutes.
Dana received her law and undergraduate degrees from Yale University where she was a member of the Yale Law Journal and represented clients through the legal services program. After law school, she clerked for Judge Jerry Smith on the 5th U.S. Circuit Court of Appeals.
Dana Berliner is a member of the DC and Pennsylvania bars.
Walter E. Meyer Professor of Property and Urban Law, Yale Law School
David Schleicher is the Walter E. Meyer Professor of Property and Urban Law at Yale Law School and is an expert in local government law, land use, federalism, state and local finance, and urban development. His work has been published widely in academic journals and popular outlets. He recently released a new book, "In a Bad State: Responding to State and Local Fiscal Crises," and has co-authored leading casebooks about local government and property law. Professor Schleicher is also the co-host of the hit podcast, “Digging a Hole: The Legal Theory Podcast.”
Professor Schleicher has been called “the ideal legal scholar of cities” (Edward Glaeser, Harvard University), “the leading lawyer on state and city governments” (Lt. Gov. Richard Ravitch ‘58), and “one of the most brilliant and far-ranging political thinkers of his generation.” (Benjamin Wallace-Wells, The New Yorker). In the press, he has been called “the most important thinker we have on the subject of local government” and “ingenious” by National Review and one of the “most interesting writers on land use” by Washington Monthly. His work has been described as “great but old fashioned” by Vox, “interesting” by The Nation, “clever” by The Economist, “neat” by Slate, “startling” by City Observatory, “excellent” by Forbes, and discussed extensively in The New York Times, The New Yorker, The Atlantic, National Affairs and Reuters, among a number of other places.
Schleicher was previously an Associate Professor of Law at George Mason University School of Law, where he won the university’s Teaching Excellence Award. He has also taught at Georgetown, Harvard, and New York University. He is a 2004 graduate of Harvard Law School. He also holds an MSc in Economics from the London School of Economics and an AB in Economics and Government from Dartmouth College.