Check out this call for papers from our firm, Pacific Legal Foundation.
The call of the question is intriguing: is there room in Fourth Amendment jurisprudence for a property-base view (as opposed to the prevalent Katz “expectation of privacy” focus now in vogue? After all, the Fourth Amendment mentions things that we classify as property
The U.S. Court of Appeals for the Seventh Circuit is the latest court to wade in (or more accurately, re-wade in) to what we call the SWAT Takings issue.
The logic is sound: under a governmental power (police power), the government (SWAT) has physically invaded (deprived the owner of an essential stick of private property, the right to exclude) a home (private property), for public use (police apprehending suspects is a good thing), triggering the obligation to spread the burden of this public good to the entire public (Armstrong).
Continue Reading CA7: No Taking For SWAT Destroying Property While Executing Valid Warrant
In 2021, the Iowa Supreme Court held that a police search of garbage left at curbside for pickup was unconstitutional under the Iowa Constitution’s search and seizure clause. A local ordinance made scavenging through someone’s garbage illegal, which to the court meant that the garbage owner possessed a government-recognized property right in the trash, and
It’s been a couple of weeks, but we’re still trying to wrap our head around the Iowa Supreme Court’s opinion in Singer v. City of Orange City, No. 23-1600 (Dec. 20, 2024).
The court rejected a facial challenge under the Iowa Constitution’s search-and-seizure clause to a city ordinance requiring the owner of rental units
Mr. Otis would be a P’Nut fan.
Our Pacific Legal Foundation colleague and search-and-seizure expert Daniel Woislaw quickly responded to the cultural zeitgeist and looked into l‘affaire P’nut le Squirrel with his keen legal eye.
That’s the case in which an internet narc dropped dime on the owner of a pet squirrel, resulting in
Regular readers know that in addition to our focus on Fifth Amendment property rights, we’re also looking at the Fourth Amendment as a vehicle that protects and promotes property rights.
In that vein, here’s a forthcoming article that is worth reading,”The Benefits of the Fourth Amendment’s Property-Rights Baseline,” by lawprof Nicholas Alden Kahn-Fogel.
Come join us in Williamsburg, Virginia at the William and Mary Law School for the 21st edition of the Brigham-Kanner Property Rights Conference. The Conference is unique, because its express purpose is to bring property legal scholars and property law practitioners together to discuss, what else, property and property rights law.
Yes, there’s a
On the surface, the U.S. Court of Appeals for the Ninth Circuit’s opinion in Stavrianoudakis v. U.S. Fish & Wildlife Svc., No. 22-16788 (July 25, 2024) is about Article III standing (a highly technical gateway issue that is very federal courts wonky).
But taking a deeper look offers an insight into ways other