Dana Berliner is Litigation Director at the
Institute for Justice
The Institute for Justice (IJ) is a libertarian non-profit public interest law firm in the United States. It has litigated ten cases before the United States Supreme Court dealing with eminent domain, interstate commerce, public financing for e ...
, a public interest law firm in
Arlington, Virginia
Arlington County is a county in the Commonwealth of Virginia. The county is situated in Northern Virginia on the southwestern bank of the Potomac River directly across from the District of Columbia, of which it was once a part. The county is ...
founded in 1991 by
Chip Mellor
William H. "Chip" Mellor (born December 31, 1950) is the chairman of the board of directors for the Institute for Justice and its former founder, President, and General Counsel. During his career as the Institute's General Counsel, Mellor pursue ...
and
Clint Bolick
Clint Bolick (born December 26, 1957) is a justice of the Arizona Supreme Court. Previously, he served as Vice President of Litigation at the conservative/libertarian Goldwater Institute. He co-founded the libertarian Institute for Justice, whe ...
. She was co-lead counsel for
Susette Kelo
''Kelo v. City of New London'', 545 U.S. 469 (2005), was a landmark decision by the Supreme Court of the United States in which the Court held, 5–4, that the use of eminent domain to transfer land from one private owner to another private own ...
in the landmark
United States Supreme Court
The Supreme Court of the United States (SCOTUS) is the highest court in the federal judiciary of the United States. It has ultimate appellate jurisdiction over all U.S. federal court cases, and over state court cases that involve a point o ...
case ''
Kelo v. City of New London
''Kelo v. City of New London'', 545 U.S. 469 (2005), was a landmark decision by the Supreme Court of the United States in which the Court held, 5–4, that the use of eminent domain to transfer land from one private owner to another private own ...
''.
Berliner received her law and undergraduate degrees from
Yale University
Yale University is a private research university in New Haven, Connecticut. Established in 1701 as the Collegiate School, it is the third-oldest institution of higher education in the United States and among the most prestigious in the wo ...
, 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
Jerry Edwin Smith (born November 7, 1946) is an American attorney and jurist serving as a United States circuit judge of the United States Court of Appeals for the Fifth Circuit.
Early life and education
Born on November 7, 1946, in Del Rio, ...
on the
United States Court of Appeals for the Fifth Circuit
The United States Court of Appeals for the Fifth Circuit (in case citations, 5th Cir.) is a federal court with appellate jurisdiction over the district courts in the following federal judicial districts:
* Eastern District of Louisiana
* M ...
.
Berliner has distinguished herself through her work in the area of
eminent domain
Eminent domain (United States, Philippines), land acquisition (India, Malaysia, Singapore), compulsory purchase/acquisition (Australia, New Zealand, Ireland, United Kingdom), resumption (Hong Kong, Uganda), resumption/compulsory acquisition (Austr ...
. Along with co-counsel
Scott Bullock, Berliner litigated the landmark case ''
Kelo v. City of New London
''Kelo v. City of New London'', 545 U.S. 469 (2005), was a landmark decision by the Supreme Court of the United States in which the Court held, 5–4, that the use of eminent domain to transfer land from one private owner to another private own ...
''. More recently, Berliner acted as lead counsel for Bill Brody in the
New York eminent domain
Eminent domain (United States, Philippines), land acquisition (India, Malaysia, Singapore), compulsory purchase/acquisition (Australia, New Zealand, Ireland, United Kingdom), resumption (Hong Kong, Uganda), resumption/compulsory acquisition (Austr ...
case ''Brody v. Village of Port Chester".
In 2015, Berliner represented the Community Youth and Athletic Center, a non-profit boxing gym for children in
National City, California
National City is a city located in the South Bay region of the San Diego metropolitan area, in southwestern 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 ...
, defending it from potential
eminent domain
Eminent domain (United States, Philippines), land acquisition (India, Malaysia, Singapore), compulsory purchase/acquisition (Australia, New Zealand, Ireland, United Kingdom), resumption (Hong Kong, Uganda), resumption/compulsory acquisition (Austr ...
use by the city.
In addition to her work in the courtroom, 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
Eminent domain (United States, Philippines), land acquisition (India, Malaysia, Singapore), compulsory purchase/acquisition (Australia, New Zealand, Ireland, United Kingdom), resumption (Hong Kong, Uganda), resumption/compulsory acquisition (Austr ...
for private development in the year since the
Kelo decision. Berliner 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.
References
External links
Dana Berliner's Institute for Justice profile page* Article written by Dana Berliner and
Scott Bullock published by the
Heartland Institute
The Heartland Institute is an American conservative and libertarian public policy think tank known for its rejection of both the scientific consensus on climate change and the negative health impacts of smoking.
Founded in 1984, it worked wit ...
''End Eminent Domain Abuse''
{{DEFAULTSORT:Berliner, Dana
Living people
Yale Law School alumni
Year of birth missing (living people)
Virginia lawyers
American women lawyers
American lawyers
21st-century American women