The plan to seize 50% of AI firms' stock violates the Takings Clause of the Fifth Amendment. It would also create dangerous government control over a vital industry, in ways similar to Trump's policies.
Vicki Baker is more fortunate than several other similarly situated victims. But it took a very long time to get there.
The civil liberties group, which long maintained that there is no constitutional right to arms, is singing a different tune at the Supreme Court.
Historic preservation laws often violate constitutional property rights, and block construction of new housing.
Two petitions ask the Supreme Court to uphold the remedy required by the Fifth Amendment.
The Fifth Amendment's Takings Clause promises "just compensation" when private property is taken for public use. But some courts have ruled that it does not always apply when police are involved.
It argues that the right to use property is central to both the value of property rights generally, and the property rights protected by the Takings Clause of the Fifth Amendment.
Most of the discussion was focused on the wrong issue. What matters under the Takings Clause is not the "fairness" of the process by which the owner's house was taken, but whether he got adequate "just compensation."
"We see this as an important civil liberties issue," says an ACLU lawyer.
Drug policy reformers and Second Amendment advocates team up in a case before the Supreme Court.
Harvard law Prof. Maureen Brady uncovers relevant evidence from late-nineteenth century state constitutional conventions.
I co-edited the symposium along with Eric Claeys and David Schleicher, and am also one of the contributors.
It is yet another ruling that shields the government from liability for damages caused by law enforcement.
Critics of cash bail say it creates a two-tiered justice system: Those who can pay maintain their freedom, while those unable to pay remain behind bars.
A recent 11th Circuit decision rightly ruled that mandatory Covid beach closures violated the Takings Clause. But the court overlooked the key issue of how to assess the "police power" exception to Takings Clause liability.
Interim U.S. Attorney Lindsey Halligan concedes that the grand jury never saw the "edited" version of the indictment.
The Eleventh Circuit concludes "there is no COVID exception to the Takings Clause."
They say a grand jury would indict a ham sandwich. But failing to get indictments has been a hallmark of the second Trump administration.
“The evidence has been pretty strong that his facility is no longer just a temporary holding facility,” said U.S. District Court Judge Robert Gettleman. “It has really become a prison.”
Law enforcement launched 30 tear gas canisters into Amy Hadley's home, smashed windows, ransacked furniture, destroyed security cameras, and more. The government gave her nothing.
Gloria Gaynor had almost finished paying off her house in Upper Darby, Pennsylvania. But she will not see a dime in equity.
In a rare and significant decision, a federal court ruled Brandon Fulton can sue directly under the Takings Clause—without Congress creating a specific remedy.
Victims of uncompensated takings can sue directly under the Constitution. The case involved uncompensated seizure of horses.
After a public outcry, the scheduled vote on the plan to use eminent domain has been postponed indefinitely. If the Town of Toms River does try to condemn the church, there is likely to be a major legal battle.
Years after home equity theft was ruled unconstitutional, Michigan keeps looking for ways around the ruling.
The state just cracked down on a form of state-sanctioned robbery, where governments seized and sold homes over minor tax delinquencies—and then pocketed the profits.
After being ilegally deported and imprisoned in El Salvador, they will now be sent back to the oppressive regime they fled in the first place, in exchange for ten Americans detained by the Venezuelan government.
A new lawsuit alleges that the city's Mandatory Housing Affordability program unconstitutionally penalizes property owners just for trying to build housing.
The panelists included Peter Byrne (Georgetown), Wesley Horton (counsel for New London in the case), Timothy Sandefur (Goldwater Institute), and myself.
Marco Rubio’s nebulous invocation of foreign policy interests is bound to have a chilling impact on freedom of speech, which is the whole point.
On this anniversary, I have posted two new articles related to one of the Supreme Court's most controversial decisions.
It is part of the Yale Journal on Regulation Symposium on the 20th Anniversary of Kelo v. City of New London.
U.S. District Judge Michael Farbiarz highlights the chilling impact of Marco Rubio's dubious rationale for deporting students whose views offend him.
But now his case against the government can move forward.
Those accused of wrongdoing have the right to challenge the evidence against them before the government takes away their liberty.
The case against Michelino Sunseri exemplifies the injustice caused by the proliferation of regulatory crimes—the target of a recent presidential order.
Vicki Baker's legal odyssey is finally coming to an end.
Without such intervention, he warns, the government "could snatch anyone off the street, turn him over to a foreign country, and then effectively foreclose any corrective course of action."
The president's crusade against attorneys whose work offends him, which defies the First Amendment and undermines the right to counsel, has provoked several judicial rebukes.
Two of his targets are seeking permanent injunctions against the president's blatantly unconstitutional executive orders.
The Supreme Court unanimously rejected that claim, upholding the right to due process in deportation cases.
This case has crucial implications for the ability of migrants to effectively challenge illegal AEA deportations.
Although the Court lifted an order that temporarily blocked removal of suspected gang members, it unambiguously affirmed their right to judicial review.
Linda Martin's lawsuit alleges that the agency violated her right to due process when it took her $40,200 and sent her a notice failing to articulate the reason.
The people deported are incarcerated in Salvadoran prisons without any due process whatsoever.
A recently filed amicus brief in Fuld v. PLO.
If the Consumer Product Safety Commission doesn't have enough data to enact a rule, it shouldn't be making informal recommendations either.
A local government gave ownership of Kevin Fair's Nebraska house—and all of its value—to a private investor, in a practice known as home equity theft.
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