Courtrooms are places for serious business. After all, people’s lives, businesses, property, and past and futures are at stake. It’s right that the court, the lawyers, and the public take what goes on there seriously. But judges and lawyers are also human, so it should surprise no one that moments of levity and humor can creep in.
Continue Reading Lighter Moments In Yesterday’s SCOTUS Takings Arguments
Tyler takings
Transcript And Audio From Today’s SCOTUS Takings And Excessive Fine Arguments (Pung v. Isabella County)
Here is the transcript of the oral arguments held earlier today in Pung v. Isabella County. [And before we get further, a disclosure: this case is one of ours as the above courthouse steps photo shows.]…
Continue Reading Transcript And Audio From Today’s SCOTUS Takings And Excessive Fine Arguments (Pung v. Isabella County)
New Cert Petition (Ours): Is A State Immune From Takings Claims (Even In Its Own Courts)?
Check this out, a new cert petition filed yesterday.
As the title of this post notes, this is one of ours. So we won’t be making substantial commentary on it.
But we can say that a sharply-divided Arkansas Supreme Court held that BAS’s Tyler takings claim for the State Lands Commissioner’s failure to return…
CA7: No Taking When City Forfeited Cars For Traffic Violations – Even Cars Not Involved In The Violation

Sometimes when you read a court opinion you imagine there’s a big gap between the objective, sterile words on the page and the reality of the situation.
The U.S. Court of Appeals for the Seventh Circuit’s opinion in O’Donnell v. City of Chicago, No. 24-2946 (Dec. 22, 2025) is one of those.
The words…
New Article: Shelley Ross Saxer, “Forfeiture Takings, Police Power, and Necessity Destruction,” 80 U. Miami L. Rev. 147 (2025)

Here’s one you don’t want to miss. Lawprof Shelley Ross Saxer has published “Forfeiture Takings, Police Power, and Necessity Destruction,” 80 U. Miami L. Rev. 147 (2025).
Here’s the Abstract:
Civil forfeiture laws allow law enforcement to seize property when there is probable cause it has been used or possessed in violation of…
SCOTUS Merits Brief (Ours) In Just Comp/Excessive Fines Case

Here’s the latest in a case we’ve been following. [Disclosure: this is one of ours, so we won’t be commenting much at all.]
In Pung v. Isabella County, No. 25-95, the U.S. Supreme Court is considering these Questions Presented:
1. Whether taking and selling a home to satisfy a debt to…
CA3: No Taking Until You Ask For Your Property Back

A short one from the U.S. Court of Appeals for the Third Circuit, which asks: when the government is holding your abandoned property for you, do you have to ask for it to return it to you before you can bring a takings claim?
In Dillow v. Treasurer of the Commonwealth of Pennsylvania, No.
