Dana Berliner
Encyclopedia
Dana Berliner is a senior attorney at the Institute for Justice
a public interest law firm in Arlington, Virginia founded in 1991 by Chip Mellor
and Clint Bolick
. She was co-lead counsel for Susette Kelo in the landmark United States Supreme Court case Kelo v. City of New London
.
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 Edwin Smith
on the United States Court of Appeals for the Fifth Circuit
.
Ms. Berliner has distinguished herself through her work in the area of eminent domain
. Along with co-counsel Scott Bullock
, Dana litigated the landmark case Kelo v. City of New London
, one of the most divisive and widely discussed Supreme Court
decisions in decades. More recently, Berliner acted as lead counsel for Bill Brody in the New York
eminent domain
case Brody v. Village of Port Chester. Currently, Ms. Berliner is representing the Community Youth and Athletic Center, a non-profit boxing gym for children in National City, California
, defending it from potential eminent domain
use by the city.
In addition to her work in the courtroom, Ms. Berliner has authored two works concerning eminent domain and been involved with the issue in other ways. In 2003, she wrote Public Power, Private Gain: A Five-Year, State-by-State Report Examining the Abuse of Eminent Domain. She also authored Opening the Floodgates: Eminent Domain Abuse in the Post-Kelo World, a report published by the Castle Coalition
on the use and threatened use of eminent domain
for private development in the year since the Kelo
decision. Dana has also written amicus curiae
briefs on constitutional eminent domain issues in more than ten states. Over the past few years, she has also taught many continuing legal education classes on public use. She works with owners around the country in opposing the condemnation of their homes and businesses for private use.
Dana's ideas have been quoted in The New York Times
, USA Today
, The Wall Street Journal
, NPR
, and The Washington Post
as well as on various radio and television broadcasts, including 60 Minutes
.
profile page: http://www.ij.org/staff/berliner.html
Dana Berliner, Public Power Private Gain: A Five-Year State By State Report Examining the Abuses of Eminent Domain Published April 2003: http://castlecoalition.org/publications/report/index.html
Article written by Dana Berliner and Scott Bullock
published by the Heartland Institute: End Eminent Domain Abuse http://www.heartland.org/Article.cfm?artId=9348
Institute for Justice
The Institute for Justice is a 501 non-profit libertarian public interest law firm in the United States. Its mission is to provide pro bono legal advice and representation, litigating strategically to pursue its goal of a rule of law under which individuals can control their destinies as free and...
a public interest law firm in Arlington, Virginia founded in 1991 by Chip Mellor
Chip Mellor
William H. "Chip" Mellor serves as President and General Counsel of the Institute for Justice, which he co-founded. Mellor pursues constitutional litigation in four areas: economic liberty, property rights, school choice, and free speech.- Prior to the Institute for Justice :Mellor received his...
and Clint Bolick
Clint Bolick
Clint Bolick , is an American attorney and the director of the Goldwater Institute's Scharf-Norton Center for Constitutional Litigation in Phoenix, Arizona....
. She was co-lead counsel for Susette Kelo in the landmark United States Supreme Court case Kelo v. City of New London
Kelo v. City of New London
Kelo v. City of New London, 545 U.S. 469 was a case decided by the Supreme Court of the United States involving the use of eminent domain to transfer land from one private owner to another to further economic development...
.
Dana received her law and undergraduate degrees from Yale University
Yale University
Yale University is a private, Ivy League university located in New Haven, Connecticut, United States. Founded in 1701 in the Colony of Connecticut, the university is the third-oldest institution of higher education in the United States...
, where she was a member of the Yale Law Journal
Yale Law Journal
The Yale Law Journal is a student-run law review affiliated with the Yale Law School. Published continuously since 1891, it is the most widely known of the eight law reviews published by students at Yale Law School...
and represented clients through the legal services program. After law school, she clerked for Judge Jerry Edwin Smith
Jerry Edwin Smith
Jerry Edwin Smith is a judge on the United States Court of Appeals for the Fifth Circuit. He was nominated by President Ronald Reagan on June 2, 1987 and confirmed by the Senate on December 19, 1987. Smith received his commission for the seat, which was created by 98 Stat...
on the United States Court of Appeals for the Fifth Circuit
United States Court of Appeals for the Fifth Circuit
The United States Court of Appeals for the Fifth Circuit is a federal court with appellate jurisdiction over the district courts in the following districts:* Eastern District of Louisiana* Middle District of Louisiana...
.
Ms. Berliner has distinguished herself through her work in the area of eminent domain
Eminent domain
Eminent domain , compulsory purchase , resumption/compulsory acquisition , or expropriation is an action of the state to seize a citizen's private property, expropriate property, or seize a citizen's rights in property with due monetary compensation, but without the owner's consent...
. Along with co-counsel Scott Bullock
Scott Bullock
Scott G. Bullock is a senior attorney at the Institute for Justice a public interest law firm in Arlington, Virginia founded in 1991 by Chip Mellor and Clint Bolick. He was lead counsel for Susette Kelo in the landmark case, Kelo v...
, Dana litigated the landmark case Kelo v. City of New London
Kelo v. City of New London
Kelo v. City of New London, 545 U.S. 469 was a case decided by the Supreme Court of the United States involving the use of eminent domain to transfer land from one private owner to another to further economic development...
, one of the most divisive and widely discussed Supreme Court
Supreme Court of the United States
The Supreme Court of the United States is the highest court in the United States. It has ultimate appellate jurisdiction over all state and federal courts, and original jurisdiction over a small range of cases...
decisions in decades. More recently, Berliner acted as lead counsel for Bill Brody in the New York
New York
New York is a state in the Northeastern region of the United States. It is the nation's third most populous state. New York is bordered by New Jersey and Pennsylvania to the south, and by Connecticut, Massachusetts and Vermont to the east...
eminent domain
Eminent domain
Eminent domain , compulsory purchase , resumption/compulsory acquisition , or expropriation is an action of the state to seize a citizen's private property, expropriate property, or seize a citizen's rights in property with due monetary compensation, but without the owner's consent...
case Brody v. Village of Port Chester. Currently, Ms. Berliner is representing the Community Youth and Athletic Center, a non-profit boxing gym for children in National City, California
National City, California
National City is a city in San Diego County, California. The population was 58,582 at the 2010 census, up from 54,260 at the 2000 census. National City is the second oldest city in San Diego County and has a historic past.-History:...
, defending it from potential eminent domain
Eminent domain
Eminent domain , compulsory purchase , resumption/compulsory acquisition , or expropriation is an action of the state to seize a citizen's private property, expropriate property, or seize a citizen's rights in property with due monetary compensation, but without the owner's consent...
use by the city.
In addition to her work in the courtroom, Ms. Berliner has authored two works concerning eminent domain and been involved with the issue in other ways. In 2003, she wrote Public Power, Private Gain: A Five-Year, State-by-State Report Examining the Abuse of Eminent Domain. She also authored Opening the Floodgates: Eminent Domain Abuse in the Post-Kelo World, a report published by the Castle Coalition
Castle Coalition
The Castle Coalition is a nation-wide network of homeowners and citizen activists determined to stop the abuse of eminent domain in their communities, that is, the taking of private property by the government in order to put it to public use...
on the use and threatened use of eminent domain
Eminent domain
Eminent domain , compulsory purchase , resumption/compulsory acquisition , or expropriation is an action of the state to seize a citizen's private property, expropriate property, or seize a citizen's rights in property with due monetary compensation, but without the owner's consent...
for private development in the year since the Kelo
Kelo v. City of New London
Kelo v. City of New London, 545 U.S. 469 was a case decided by the Supreme Court of the United States involving the use of eminent domain to transfer land from one private owner to another to further economic development...
decision. Dana has also written amicus curiae
Amicus curiae
An amicus curiae is someone, not a party to a case, who volunteers to offer information to assist a court in deciding a matter before it...
briefs on constitutional eminent domain issues in more than ten states. Over the past few years, she has also taught many continuing legal education classes on public use. She works with owners around the country in opposing the condemnation of their homes and businesses for private use.
Dana's ideas have been quoted in The New York Times
The New York Times
The New York Times is an American daily newspaper founded and continuously published in New York City since 1851. The New York Times has won 106 Pulitzer Prizes, the most of any news organization...
, USA Today
USA Today
USA Today is a national American daily newspaper published by the Gannett Company. It was founded by Al Neuharth. The newspaper vies with The Wall Street Journal for the position of having the widest circulation of any newspaper in the United States, something it previously held since 2003...
, The Wall Street Journal
The Wall Street Journal
The Wall Street Journal is an American English-language international daily newspaper. It is published in New York City by Dow Jones & Company, a division of News Corporation, along with the Asian and European editions of the Journal....
, NPR
NPR
NPR, formerly National Public Radio, is a privately and publicly funded non-profit membership media organization that serves as a national syndicator to a network of 900 public radio stations in the United States. NPR was created in 1970, following congressional passage of the Public Broadcasting...
, and The Washington Post
The Washington Post
The Washington Post is Washington, D.C.'s largest newspaper and its oldest still-existing paper, founded in 1877. Located in the capital of the United States, The Post has a particular emphasis on national politics. D.C., Maryland, and Virginia editions are printed for daily circulation...
as well as on various radio and television broadcasts, including 60 Minutes
60 Minutes
60 Minutes is an American television news magazine, which has run on CBS since 1968. The program was created by producer Don Hewitt who set it apart by using a unique style of reporter-centered investigation....
.
External links
Dana's Institute for JusticeInstitute for Justice
The Institute for Justice is a 501 non-profit libertarian public interest law firm in the United States. Its mission is to provide pro bono legal advice and representation, litigating strategically to pursue its goal of a rule of law under which individuals can control their destinies as free and...
profile page: http://www.ij.org/staff/berliner.html
Dana Berliner, Public Power Private Gain: A Five-Year State By State Report Examining the Abuses of Eminent Domain Published April 2003: http://castlecoalition.org/publications/report/index.html
Article written by Dana Berliner and Scott Bullock
Scott Bullock
Scott G. Bullock is a senior attorney at the Institute for Justice a public interest law firm in Arlington, Virginia founded in 1991 by Chip Mellor and Clint Bolick. He was lead counsel for Susette Kelo in the landmark case, Kelo v...
published by the Heartland Institute: End Eminent Domain Abuse http://www.heartland.org/Article.cfm?artId=9348