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.
Fifth Amendment
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.
A Lawsuit by Christian Zionists Says Biden's West Bank Sanctions Violate the First Amendment
By targeting "persons undermining peace, security, and stability," the plaintiffs argue, the president is threatening to punish people for opposing a two-state solution.
VinFast Delays Production After North Carolina Seizes Property for Factory Site
North Carolina taxpayers have already spent over $96 million on the site, while state officials have seized multiple private properties.
She Underpaid a Property Tax Bill. So the Government Seized Her Home, Sold It—and Kept the $102,636 Profit.
Chelsea Koetter is asking the Michigan Supreme Court to render the state's debt collection scheme unconstitutional.
The Supreme Court Again Strengthens the Right to a Jury Trial in Criminal Sentencing
Paul Erlinger was sentenced to 15 years in prison based largely on a determination made by a judge—not a jury.
Can This Woman Sue the Rogue Prosecutor Who Allegedly Helped Upend Her Life?
Prosecutor Ralph Petty was also employed as a law clerk—by the same judges he argued before.
A SWAT Team Blew Up This Innocent Couple's Home and Left Them With the Bill. Was That Constitutional?
Mollie and Michael Slaybaugh are reportedly out over $70,000. The government says it is immune.
Missouri Bill Would Ban Eminent Domain, but Only for Wind and Solar Projects
The Show Me State has plenty of room to rein in laws on taking private property, but instead, lawmakers are focusing only on one very narrow use case.
After Iowa Police Ignored Her Pleas for Help, Her Estranged Husband Killed Her
Angela Prichard was murdered after Bellevue police officers repeatedly refused to enforce a restraining order against her abusive husband.
Appeals Court Rules That Cops Can Physically Make You Unlock Your Phone
The 9th Circuit determined that forcibly mashing a suspect's thumb into his phone to unlock it was akin to fingerprinting him at the police station.
Social Media Platforms Have Property Rights Too
The push to regulate social media content infringes on rights guaranteed by the Fifth Amendment.
Historic Preservation Board Stops Family Removing KKK Supporter's Initial From Front of their House
Kristy Kay Money and Rolf Jacob Sraubhaar are now suing the city of San Marcos, Texas, saying they're being forced to keep a Klan-linked symbol on the front of their house is a physical taking.
4 Reasons Trump Says a Judge Should Dismiss Charges in the Classified Documents Case
His lawyers assert presidential immunity and discretion, criticize an "unconstitutionally vague" statute, and question the special counsel's legal status.
This Innocent Woman Is on the Hook for Thousands After a SWAT Team Destroyed Her Home
An error-prone investigation in search of a fugitive led police to Amy Hadley's house.
Another Takings Case in Which Law Enforcement Severely Damaged an Innocent Person's Property
In this case, an LA SWAT team destroyed an innocent store owner's shop in the process of trying to catch a suspect.
A SWAT Team Destroyed an Innocent Man's Shop. Then the City Left Him With the Bill.
Carlos Pena's livelihood has been crippled. It remains to be seen if he'll have any right to compensation.
