Yale Journal on Regulation Symposium on the 20th Anniversary of Kelo v. City of New London
I co-edited the symposium along with Eric Claeys and David Schleicher, and am also one of the contributors.
Fifth Amendment
Innocent Man Sues for Over $60,000 After Police Blew Up His Business. A Court Says He's Entitled to Nothing.
It is yet another ruling that shields the government from liability for damages caused by law enforcement.
Bail Reform Faces Backlash as Policymakers Move To Require Cash Bond for Pre-Trial Defendants
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.
Covid Beach Closures, the Takings Clause, and the Police Power Exception
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.
A Rookie Procedural Mistake by James Comey's Prosecutor Could Doom the Case Against Him
Interim U.S. Attorney Lindsey Halligan concedes that the grand jury never saw the "edited" version of the indictment.
COVID Closure of Private Beach Access Constitutes a Taking
The Eleventh Circuit concludes "there is no COVID exception to the Takings Clause."
Less Indictable Than a Ham Sandwich
They say a grand jury would indict a ham sandwich. But failing to get indictments has been a hallmark of the second Trump administration.
Federal Judge Blasts 'Disgusting' ICE Facility Conditions, Orders Basic Humane Treatment for Detainees
“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.”
This Indiana City Doesn't Have To Pay an Innocent Mom $16,000 After Police Wrecked Her Home, Court Rules
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.
91-Year-Old Pennsylvania Woman With Dementia Loses $247,000 Home Over a $14,000 Tax Debt
Gloria Gaynor had almost finished paying off her house in Upper Darby, Pennsylvania. But she will not see a dime in equity.
The Government Seized 7 Horses From a Georgia 'Urban Cowboy.' A Court Says He Can Sue.
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.
Federal Appeals Court Rules Takings Clause Creates Cause of Action Even Without Additional Federal or State Legislation
Victims of uncompensated takings can sue directly under the Constitution. The case involved uncompensated seizure of horses.
Update on Potential Condemnation of New Jersey Church to Build a Park and Pickleball Courts
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.
The Government Took Their Home Equity Over Modest Debts. Michigan's Supreme Court Just Threw Them a Lifeline.
Years after home equity theft was ruled unconstitutional, Michigan keeps looking for ways around the ruling.
For Years, Oregon Stole People's Home Equity Over Modest Tax Debts. A New Law Puts an End to That.
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.
Trump's Alien Enemies Act Deportees Sent Back to Venezuela in Shameful Hostage Deal [Updated]
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.
Seattle Property Owners Challenge Program That Charges 'Affordable Housing' Fees for Building New Homes
A new lawsuit alleges that the city's Mandatory Housing Affordability program unconstitutionally penalizes property owners just for trying to build housing.
Federalist Society Webinar on the 20th Anniversary of Kelo v. City of New London
The panelists included Peter Byrne (Georgetown), Wesley Horton (counsel for New London in the case), Timothy Sandefur (Goldwater Institute), and myself.
The Rationale for Deporting Mahmoud Khalil Is Alarmingly Vague and Broad
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.
The 20th Anniversary of Kelo v. City of New London
On this anniversary, I have posted two new articles related to one of the Supreme Court's most controversial decisions.
My Forthcoming Article on " Public Use, Exclusionary Zoning, and Democracy"
It is part of the Yale Journal on Regulation Symposium on the 20th Anniversary of Kelo v. City of New London.
A Judge Said the Excuse for Arresting Mahmoud Khalil Was Unconstitutionally Vague. Why Isn't Khalil Free?
U.S. District Judge Michael Farbiarz highlights the chilling impact of Marco Rubio's dubious rationale for deporting students whose views offend him.
He Fell Behind on His Taxes. So the Government Seized His Home, Sold It, and Kept the $258,000 Profit.
But now his case against the government can move forward.
As American as Due Process
Those accused of wrongdoing have the right to challenge the evidence against them before the government takes away their liberty.
A Runner Was Prosecuted for Unapproved Trail Use After the Referring Agency Called It 'Overcriminalization'
The case against Michelino Sunseri exemplifies the injustice caused by the proliferation of regulatory crimes—the target of a recent presidential order.
Police Blew Up This Innocent Woman's House and Left Her With the Bill. A Judge Says She's Owed $60,000.
Vicki Baker's legal odyssey is finally coming to an end.
A Federal Judge Orders Relief for Alleged Gang Members Deported and Imprisoned Without Due Process
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."
A Federal Judge Lists 8 Ways That Trump Violated the Constitution by Punishing a Disfavored Law Firm
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.
By Openly Retaliating Against Disfavored Law Firms, Trump Attacks Free Speech and the Right to Counsel
Two of his targets are seeking permanent injunctions against the president's blatantly unconstitutional executive orders.
Trump Says Alleged Gang Members Don't Need Hearings Because the Government Is Infallible
The Supreme Court unanimously rejected that claim, upholding the right to due process in deportation cases.
ACLU Files Habeas Class Action to Block Alien Enemies Act Deportations
This case has crucial implications for the ability of migrants to effectively challenge illegal AEA deportations.
Supreme Court Rejects Trump's Claim That He Can Summarily Deport Anyone He Describes As an 'Alien Enemy'
Although the Court lifted an order that temporarily blocked removal of suspected gang members, it unambiguously affirmed their right to judicial review.
The FBI Seized This Woman's Life Savings—Without Telling Her Why
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.
How Trump's Alien Enemies Act Deportations Violate the Due Process Clause of the Fifth Amendment
The people deported are incarcerated in Salvadoran prisons without any due process whatsoever.
Congress, the Fifth Amendment, and Personal Jurisdiction
A recently filed amicus brief in Fuld v. PLO.
Defaming Businesses Doesn't Protect Consumers
If the Consumer Product Safety Commission doesn't have enough data to enact a rule, it shouldn't be making informal recommendations either.
He Lost the Title to His Home Over a Small Property Tax Debt. Years Later, He's Finally Getting It Back.
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.
Supreme Court Can Protect Property Owners From Eminent Domain Abuse
A Utica, New York, land grab offers the justices an opportunity to revisit a widely criticized precedent.
The Government Took a Developer's Land and Gave It to a Competitor. In New York, That's Business As Usual.
The case gives the Supreme Court an opportunity to revisit a widely reviled decision that invited such eminent domain abuses.
A SWAT Team Destroyed an Innocent Woman's House. The Supreme Court Won't Hear Her Case.
Whether or not the government is required under the 5th Amendment to pay such victims will remain an open question.
Police Want the Password to Your Phone
Without a warrant and specific proof of incriminating evidence, police should never be allowed past your phone’s lock screen.
Governments Are Still Stealing People's Home Equity Over Modest Tax Debts
A handful of states use loopholes to get around a Supreme Court ruling that declared the practice unconstitutional.
Will SCOTUS Take on New York's Latest Eminent Domain Scam?
Two brothers are asking the Supreme Court to stop their town from using eminent domain to steal their land for an empty field.
A Movie Mirrors the Stranger-Than-Fiction Reality of Civil Asset Forfeiture
The outrageous seizure at the center of Rebel Ridge resembles real-life cash grabs.
This Nebraska Man Almost Lost His Home and All of Its Equity Over a Small Tax Debt. He Just Won in Court.
Kevin Fair fell behind on his property taxes in 2014. The local government eventually gave a private investor the deed to his home.
Albuquerque's Police Chief Says Cops Have a 5th Amendment Right To Leave Their Body Cameras Off
Harold Medina made that argument during an internal investigation of a car crash he caused last February.
Baltimore's Tax Sales Are Robbing People of Their Equity
The Edmondson Community Organization accrued a modest property tax debt. The group paid dearly for that.
