The Year Gun Control Died
Gun opponents would leave predatory cops armed and their victims helpless.
Property Rights
Audio of Federalist Society Teleforum on Whether Enterprises Closed by Coronavirus Shutdown Orders are Entitled to Compensation under the Takings Clause of the Fifth Amendment
I debated Prof. F.E. Guerra-Pujol. Prominent takings lawyer Robert Thomas moderated.
Are People Allowed to Use Deadly Force to Defend Property?
It depends, whether as to looting or other threats to property.
Indiana Returns Land Rover Seized in Landmark Asset Forfeiture Case—But Continues the Legal Battle Over its Ultimate Fate
In Timbs v. Indiana, the US Supreme Court ruled that the Eighth Amendment's Excessive Fines Clause applies to state asset forfeiture seizures. But key issues were left for lower courts to resolve.
Indiana Returns Land Rover Seized 7 Years Ago in Landmark Asset Forfeiture Case
Indiana is still fighting to keep Tyson Timbs' SUV seven years after it first seized the car, but for now, it's back in Timbs' driveway.
County Threatens Fines, Demands Expensive Alterations From Arizona Couple Hosting Free Yoga Classes and Potlucks on Their Property
Joshua and Emily Killeen are suing Yavapai County, Arizona, for what they claim are unconstitutional restrictions on their ability to advertise their business and host events on their rural property.
No, the Kelo Case Doesn't Require Takings Compensation for Businesses Closed by Coronavirus Shutdown Orders
Despite a contrary argument by Prof. Enrique Guerra-Pujol, Kelo doesn't even address the relevant issue.
Ninth Circuit Refuses to Reconsider Ruling that Mandating Union Organizer Access to Employer Property is not a Taking—but Eight Judges Dissent
The case is an important one that could be headed to the Supreme Court.
Fordham Urban Law Journal Symposium on Knick v. Township of Scott
I have a contribution (coauthored with Shelley Ross Saxer) in this symposium on last year's important Supreme Court takings decision.
Our Amicus Brief Urging the Supreme Court to Consider Takings Case in Which Authorities Refused to Compensate Innocent Owners of House Destroyed by Police
The brief was filed by the Cato Institute on behalf of both Cato and myself.
Pennsylvania Supreme Court Rejects Takings Challenge to Coronavirus Shutdown Order
The Court's decision follows almost exactly the same line of reasoning as I had expected.
Penn. S. Ct. Rejects Takings Challenge to Governor's Shutdown Order
Alternative title: It's Always Locked Down in Philadelphia.
California's Eviction Ban Will Worsen Current Economic Woes
Yes, tenants are losing their jobs because of the COVID-19 shutdown, but forcing businesses to provide services for free would have a ripple effect.
My New "Atlantic" Article Making the Case for Strengthening Protection for Property Rights
It particularly emphasizes ways in which weak property rights harm the poor and disadvantaged.
Does the Takings Clause Require Compensation for Coronavirus Shutdowns?
Under current Supreme Court precedent, the answer is almost always going to be "no." But some compensation may be morally imperative, even if not legally required.
Federal Court Rules Against Plaintiffs in Second Hurricane Harvey Takings Case
The ruling may well be both correct and consistent with the same court's earlier ruling in favor of a different set of plaintiffs arising from the same events. But the opinion does still have a few notable flaws.
The Tear of Allah
The Chinese Communist Party confiscated a sacred meteorite from Muslim herders. They're suing to get it back.
L.A. Politicians Want To Seize Private Apartment Building to Prevent Rent Increases
Gil Cedillo, city councilmember, has introduced a motion asking the city to study its options for seizing the 124-unit Hillside Villa.
Forthcoming Article on "Overturning a Catch-22 in the Knick of Time: Knick v. Township of Scott and the Doctrine of Precedent"
The article explains why the Supreme Court was justified in overruling longstanding precedent in this important recent constitutional property rights case.
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Progress on Exclusionary Zoning, Regression on Rent Control
Many jurisdictions are alleviating housing shortgages by cutting back on zoning. Unfortunately, there is also a trend towards expanding rent control, which is likely to have the opposite effect.
Court Rules Federal Government Flooding of Homes During Hurricane Harvey is a Taking
The decision is significant in itself and has important implications for other cases where the government deliberately damages private property in the process of coping with natural disasters.
Institute for Justice Takes up Case where Federal Court Ruled Government Owes no Compensation to Innocent Property Owner Whose House was Destroyed By Police
The prominent libertarian public interest firm hopes to get the decision reversed, possibly by the Supreme Court.
With This Forfeiture Trick, Innocent Owners Lose Even When They Win
The Institute for Justice asks the Supreme Court to block sneaky tactics that prevent victims of property grabs from recovering their legal costs.
Videos of Panels on Sanctuary Cities and Constitutional Property Rights
I took part in panels on these topics at the recent Federalist Society National Lawyers Convention
Pending Ban on Flavored E-Cigarettes in Massachusetts Authorizes Forfeiture of Vapers' Cars
The bill, which the state House passed yesterday, says police may seize vehicles in which they find untaxed vaping products.
County Says Seizing Home Over $8.41 Tax Debt Was OK Because Counties Need Money
"You have a situation where a person owed $8 and lost their house. I mean, how is that equitable?" asked Michigan Supreme Court Justice Richard Bernstein.
A Michigan Man Underpaid His Property Taxes By $8.41. The County Seized His Property, Sold It—and Kept the Profits.
A state law allows counties to effectively steal homes over unpaid taxes and keep the excess revenue for their own budgets.
Tom Wins the Battle Over Tom's Diner
What happens when preservationists get in the way of a diner owner who is looking to sell his place, retire, and pocket the cash?
Indiana Supreme Court Applies Eighth Amendment to Curb "Oppressive" Asset Forfeitures
The ruling is a continuation of the same case in which the federal Supreme Court ruled that the Excessive Fines Clause of the Eighth Amendment is "incorporated" against state governments and applies to asset forfeitures.
Federal Court Rules there is no Taking if the Police Destroy an Innocent Person's House During a Law Enforcement Operation
The ruling has considerable backing from precedent. But it is nonetheless based on a deeply flawed doctrine.
Sen. Mike Lee Would Let You Decide if Drones Can Fly Less Than 200 Feet Above Your House
The Drone Integration and Zoning Act seeks to expand private property rights and give localities more say in airspace regulation.
Instead of Suing or Appealing to Regulators, These Manhattanites Paid Market Price for Their Condo Views
NIMBYs can keep their views. They just have to pay for them.
Miami Beach's $100,000 Fines for Airbnb Rentals Are Illegal, Court Rules
Miami Beach's crackdown on Airbnb is "in jarring conflict" with a state law capping municipal fines at $1,000 per day, Judge Michael Hanzman ruled.
Minneapolis Doesn't Want Landlords to Check Tenants' Criminal History, Credit Score, Past Evictions
The Minneapolis city council just made the rental business a lot riskier for property owners.
My New Article on the Supreme Court's Recent Decision in Knick v. Township of Scott—an Important Takings Case
The article is now available for free on SSRN.
Republicans Choose Trumpism Over Property Rights and the Rule of Law
Trump is just who he said he'd be four years ago. By rallying around him, Republicans are choosing to brand themselves in his image.
OK for Restaurant to Eject City Councilman Whose Political Positions "Had Financially Harmed" the Restaurant
California public accommodations law has been read as banning discrimination based on "political affiliation," but the court concluded that this didn't apply to discrimination based on "political views" more broadly (or based on votes as an elected official).
The Houston Flooding Takings Litigation Continues
The federal government continues to deny any liability for deliberately flooding thousands of homes and other property in Houston in the wake of Hurricane Harvey in 2017.
New Endangered Species Policy Will Protect Both Property Rights and Rare Frogs
There’s no need to pit property owners against imperiled species.
Assessing Justice Sotomayor's First Ten Years on the Supreme Court
The concerns I expressed about her record on property rights when I testified at her 2009 confirmation hearing were justified. But she has compiled an admirable record on several other issues.
Neighbors Claim Los Angeles 'Emoji House' Is 'Bullying,' Demand New Rules Against Murals
Owners painted the house bright pink and added two funny emojis after neighbors complained about illegal Airbnb rentals.
The City Wants to Evict This Family Because a House Guest Committed a Crime They Didn't Know About Somewhere Else
Under its "crime-free housing program," Granite City, Illinois, holds tenants strictly liable for illegal activity by a household member.
Neighborhood Activists Would Rather Preserve Tom's Diner Than Let Its Owner Retire in Peace
Denver NIMBYs are using historic preservation laws to stop a restaurant owner from selling his diner to a developer so he can retire.
Lawsuit Challenges Ordinance Requiring Eviction of Entire "Household" if One Member Has Committed a Crime
The case was brought on the family's behalf by the Institute for Justice, a prominent public interest law firm.
