Amid fear of rising crime, let's take a careful and deliberate approach—lest innocent people lose their rights and property.
Thomas agreed with the Court's decision to not take up two challenges to New York's rent stabilization law but said the constitutionality of rent control "is an important and pressing question."
Coauthor Josh Braver and I argue exclusionary zoning violates the Takings Clause of the Fifth Amendment.
Argentina, Once One of the Richest Countries, Is Now One of the Poorest. Javier Milei Could Help Fix That.
The new libertarian president believes in free markets and the rule of law. When people have those things, prosperity happens.
In some cases, the city is also requiring homeowners to pay to replace trees that squashed their houses.
His speech in Davos challenged the growing worldwide trend of increased government involvement in economic affairs.
Peter and Annica Quakenbush are suing Brooks Township for the right to operate an environmentally friendly cemetery.
Both conservative and liberal justices seem to oppose letting states get away with violating the Takings Clause merely because Congress hasn't enacted a specific law enforcing it against them.
That's bad news for Americans.
Supreme Court Oral Argument Indicates "Radical Agreement" that there is no "Legislative Exception" to the Takings Clause
That's the big takeaway from yesterday's oral argument in Sheetz v. County of El Dorado. But it's not clear whether the Court will resolve any additional issues, and if so how.
Hackers are helping tractor owners “jailbreak” their equipment in order to repair it.
The panel covered many cases and featured views many would not expect at a Fed Soc event.
They should take this wise and just step sooner rather than later.
Claims of the Act's success at recovering imperiled species are vastly overstated, especially on private land.
My Contribution to Brennan Center Symposium on the Most Significant State Constitutional Cases of 2023
I focus on the Washington Supreme Court's flawed decision holding an eviction moratorium is not a taking of private property.
Plus: Austin's newly passed zoning reforms could be in legal jeopardy, HUD releases its latest census of the homeless population, and a little-discussed Florida reform is spurring a wave of home construction.
After public backlash, Hanover County Commission has decided to pursue a voluntary purchase of the Cheetah Premier Gentlemen's Club next door.
Plus: Austin and Salt Lake City pass very different "middle housing" reforms, Democrats in Congress want to ban hedge fund–owned rental housing, and a look at GOP presidential candidate's housing policy positions.
The brief urges the Supreme Court to reverse its badly misguided precedent in Pruneyard v. Robins.
Justice O'Connor's Parting Dissents Highlighted the Twin Perils of Local Tyranny and Federal Overreach
The late Supreme Court justice eloquently defended property rights and state autonomy.
Seattle Banned Landlords From Rejecting Tenants Based on Criminal Records. Will the Supreme Court Step in?
The political push behind the law was well-meaning. But it will backfire on many prospective renters.
When everyone owns something, no one does.
Economist Brian Greaney may have found serious methodological errors in a much-cited 2019 article by Enrico Moretti and Chang-Tai Hsieh.
Why have so few species been taken off the endangered species list?
Owners of Wilmington, North Carolina's Cheetah Premier Gentlemen's Club say they were blindsided by the seizure.
The amicus brief is on behalf of the Cato Institute and myself.
The $300 billion in frozen Russian state assets in Western nations could fund a large part of Ukraine's defense.
Los Angeles voters will decide in March whether to force hotels to report empty rooms to the city and accept vouchers from homeless people.
Pro-zoning candidates in Caroline, New York, won the elections for town supervisor and three seats on the town board.
The U.S. Supreme Court keeps putting off deciding whether to take up a challenge to New York's rent control scheme.
Without a prompt post-seizure hearing, people can lose their property for months or years even when they ultimately get it back.
The state housing officials who performed the audit describe San Francisco's approval process as a "notoriously complex and cumbersome" mess.
A masterful epic from one of Hollywood's most important, most ambitious filmmakers.
The Aldine Independent School District had wanted the property as part of a $50 million redevelopment of its high school football stadium.
Missing middle housing reforms are getting more popular. But they're not getting much more productive.
Mississippi only gives property owners 10 days to challenge a blight finding that could lead to their house being seized through eminent domain.
A zombie law, thrown out in court, continues to wreak havoc because it’s referenced in a contract.
The case will consider whether the government is exempt from takings liability for imposing exactions as a condition of development rights in situations where the exaction is imposed by legislation. Unlike many Supreme Court cases, this one can be resolved very easily by applying a basic principle of constitutional law.
Supreme Court Will Review Fifth Circuit Ruling that Creates a Catch-22 for Takings Claims Against State Governments
The badly flawed lower court ruling defies the Supreme Court's landmark 2019 decision forbidding such Catch-22 traps, and threatens the property rights of large numbers of people.
Federal and New York City officials recently adopted policy changes on migrant work permits and zoning reform similar to those advocated here (though probably not because I advocated them!)..
Two bills approved by the Legislature this week will make it easier to build affordable housing on church land and in coastal areas.
Plus: A listener asks the editors to name America's unsung or undersung heroes.