The New Yorker has an interesting article on asset forfeiture abuse, describing how law enforcement authorities routinely use it to seize property from people who have never been convicted of any crime, and often have not even been charged: On a bright Thursday afternoon in 2007, Jennifer Boatright, a waitress at a Houston bar-and-grill, drove […]
Archive | Due Process Clause Property Rights
Regulatory Takings and “Lochnerism”: An Observation
By Jonathan H. Adler on February 28, 2013 9:08 am in Due Process Clause Property Rights, Property Rights, Regulatory Takings, Uncategorized
It is often argued that regulatory takings doctrine is a form of “Lochnerism” and a revival of “substantive due process” constraints on economic regulation. So, for instance, in his Dolan v. Tigard dissent, Justice Stevens traces the history of the doctrine to the Lochner period and finds the roots of regulatory takings doctrine in late-19th century substantive due […]
Property Owners Prevail in Important Asset Forfeiture Case
By Ilya Somin on January 25, 2013 3:02 pm in Asset Forfeiture, Due Process Clause Property Rights, Property Rights
A federal district court in Massachusetts has ruled in favor of the property owners in United States v. 434 Main Street, Tewksbury, an important asset forfeiture case. This is the case where the federal government sought the forfeiture of a motel on the grounds that a few of the motel’s customers had bought or sold […]
Asset Forfeiture Abuse Revisited
By Ilya Somin on January 21, 2013 6:47 pm in Asset Forfeiture, Due Process Clause Property Rights, Property Rights
John Ross of Reason has a nice article summarizing the problem of asset forfeiture abuse, as exemplified by dubious practices in the nation’s capital: Jerrie Brathwaite was not in her car when Washington, D.C. police seized it in January 2012. She had lent her 2000 Nissan Maxima to a friend, and that friend was pulled […]
The Rise of Asset Forfeiture Abuse
By Ilya Somin on August 23, 2012 4:55 pm in Asset Forfeiture, Due Process Clause Property Rights, Property Rights
Co-blogger Orin Kerr describes a planned effort by one local government to raise revenue by increasing asset forfeitures through the use of drug-sniffing dogs. Unfortunately, this is just one example of a growing trend of using asset forfeiture as a fundraising tool for law enforcement agencies. In this recent post, I rounded up many sources […]
Adventures in Asset Forfeiture
By Ilya Somin on May 21, 2012 12:43 pm in Asset Forfeiture, Due Process Clause Property Rights, Property Rights
Asset forfeiture laws in many states allow the police to seize property that has supposedly been used to commit a crime, and then keep the proceeds for themselves. Often, these laws victimize people who have not been convicted of any crime, and indeed did not even know that their property might have been misused. They […]
Fifth Circuit Rules that Due Process Clause Property Rights Cases Can be Filed in Federal Court
By Ilya Somin on May 17, 2012 3:29 pm in Due Process Clause Property Rights, Property Rights, Regulatory Takings
In the recent case of Bowlby v. City of Aberdeen, the Fifth Circuit Court of Appeals just ruled that Fourteenth Amendment Due Process Clause property rights claims can be filed in federal court, despite the fact that the Supreme Court’s 1985 Williamson County decision bars many Takings Clause property rights claims from federal courts. Robert […]
Unanimous Supreme Court Rules in Favor of Property Owners in Sackett v. EPA
The Supreme Court today issued a unanimous decision in favor of the property owners in the important case of Sackett v. EPA [HT: GMU law student Matthew Roberts]. The opinions in the case (an opinion for the court and two concurring opinions by Justices Ginsburg and Alito) are available here. Justice Alito’s concurring opinion includes […]
Clark Neily (Institute for Justice) Guest-Blogging This Week
By Eugene Volokh on October 10, 2011 7:16 pm in Constitutional Law, Due Process Clause Property Rights, Economic LIberties
I’m delighted to report that Clark Neily of the Institute for Justice will be guest-blogging this week, about IJ’s “judicial engagement” project. IJ is one of the leading libertarian public interest law firms in the country, and I’ve always much respected their work. As readers of this blog doubtless know, both conservatives and libertarians are […]
George Mason ACS Supreme Court Preview Panel
By Ilya Somin on September 26, 2011 10:15 am in Constitutional Law, Due Process Clause Property Rights, Property Rights
On Tuesday, I will be appearing at a Supreme Court preview panel sponsored by the George Mason University School of Law American Constitution Society. The other two presenters are Prof. Michael Seidman (Georgetown) and Prof. Stephen Vladeck (American). The panel will start at 4 PM, and take place in Room 221 at the George Mason […]
A small correction for Sandefur
By David Kopel on October 17, 2010 4:04 pm in Constitutional History, Constitutional Law, Due Process Clause Property Rights, Property Rights, Supreme Court, Uncategorized
Timothy Sandefur produces important research on economic liberty. I’m pleased that the Independence Institute, where I work, recently hosted an event for him to promote his book. I’m also happy that he has become part of the team of Cato Institute writers, which I have been part of since 1988. As a contributing editor of Liberty, I […]
Unclear Outcome in Key Supreme Court Property Rights Case
By Ilya Somin on June 17, 2010 4:55 pm in Due Process Clause Property Rights, Property Rights, Supreme Court
The Supreme Court has just issued its opinion in Stop the Beach Renourishment v. Florida Department of Environmental Protection, a key property rights case. Unfortunately, the most important constitutional issue at stake – what, if any government actions count as “judicial takings” remains mostly unresolved. I summarized the facts of the case here: Under Florida’s […]
So Why Not Roe?
By David Bernstein on June 17, 2010 1:50 pm in Constitutional History, Constitutional Law, Due Process Clause Property Rights, Just Compensation Clause, Property Rights, Rehabilitating Lochner
In today’s Stop the Beach opinion, Justice Scalia (joined by the other three conservatives) criticizes Justice Kennedy for arguing that what Scalia consider “judicial takings” should instead be handled as violation of the Due Process Clause: The second problem is that we have held for many years (logically or not) that the “liberties” protected by […]
New Institute for Justice Report on Asset Forfeiture
By Ilya Somin on April 6, 2010 11:10 pm in Asset Forfeiture, Due Process Clause Property Rights, Property Rights
The Institute for Justice, a prominent libertarian public interest law firm, has an important new report detailing the many abuses of property rights in the asset forfeiture system. Here are a few of the key findings: In most states and under federal law, law enforcement can keep some or all of the proceeds from civil […]
Asset Forfeiture: “A License to Steal”
Radley Balko has an interesting article in Reason detailing the many abuses of the asset forfeiture system, which often allows police to seize property without compensation – even in cases where the owners have not been convicted of any crime: Over the past three decades, it has become routine in the United States for state, […]