The Fifth Amendment says the government can’t take your property for public use without paying you for it. It doesn’t say the government can’t destroy your property’s value, a very different thing.

In a significant Takings Clause opinion, Darby Development Company, Inc. v. United States, the Federal Circuit sided with landlords who argued that the CDC’s eviction moratorium constituted a physical ...

The plan to seize 50% of AI firms' stock violates the Takings Clause of the Fifth Amendment. It would also create dangerous ...

In 'Brinkmann v. Town of Southold', the Second Circuit addressed whether compensated takings for public use may be challenged as the product of bad-faith or pretextual motives under the Takings Clause ...

A self-described "urban cowboy" is fighting a Georgia county over horses it seized from him years ago. The last clause of the Fifth Amendment is straightforward: “nor shall private property be taken ...

The doctrine of qualified immunity is best known - and most notorious - for protecting police officers from being held liable even for many very egregious violations of citizens' rights. The issue ...

Type to search articles, cases, and authors. Press ↵ to view all results. In this video, Nate Mowry interviews Robert McNamara of the Institute for Justice, one of the lawyers representing a group of ...

In his column today, George F. Will is exercised about a case he thinks the U.S. Supreme Court should hear on certiorari from the Illinois supreme court. It concerns an act of the Illinois legislature ...