ABA Journal

Fifth Amendment

74 ABA Journal Fifth Amendment articles.

Could construction-permit fees be exempt from takings analysis? Supreme Court to decide

The U.S. Supreme Court has agreed to decide whether a legislatively imposed road-construction fee of more than $23,000, which was required for a building permit, may be an unconstitutional taking.

So you were convicted of killing someone who’s still alive—now what?

Many installments of this column have focused on true-crime documentaries examining murder convictions and the legal process and “evidence” that led to them. While those series or stand-alone shows are undoubtedly intriguing, we always seem to be left with the same conclusion: Even if the defendant didn’t kill the person, the person is still dead. But what if we were presented with a situation in which someone was convicted for the murder of a person who was subsequently found alive and well?

Federal judge who said defendant ‘looks like a criminal’ can’t preside in new trial, 6th Circuit says

A federal appeals court has overturned a Michigan defendant’s drug convictions after a Detroit federal judge presiding in the case said the accused man “looks like a criminal to me.”

Why Trump could be charged with a civil rights violation in Jan. 6 investigation

A possible charge in the special counsel’s investigation of former President Donald Trump is a violation of a civil rights statute that has been used in the past to prosecute vote fraud.

For some parties in LGBTQ landmark cases, June 26 is a special day

Before Roberta Kaplan read the 2013 U.S. Supreme Court opinion that struck down a law banning federal benefits to same-sex married couples, she knew that her client Edie Windsor had won because the majority was written by then-Justice Anthony Kennedy, who had authored earlier opinions supporting same-sex rights. And there was a dissent from then-Justice Antonin Scalia, who had a history of voting against same-sex rights.

Judge’s ‘Beowulf’ and Whistler’s mother references raise concerns with Maryland justices

An appeals judge who compared a Black defendant to a monster in the epic poem Beowulf used language that could be interpreted as evoking racial stereotypes, according to the Maryland Supreme Court.

SCOTUS rules for grandmother in tax foreclosure takings fight; Jackson again pairs with Gorsuch

Updated: The U.S. Supreme Court ruled Thursday that a 94-year-old woman could pursue a claim that a tax foreclosure sale violated her rights under the Fifth Amendment’s takings clause.

9th Circuit rejects claim that illegal reentry law violated defendant’s right to equal protection

A federal appeals court on Monday rejected a defendant’s claim that his Fifth Amendment equal protection rights were violated by a law making it a crime to reenter the United States after deportation.

What legal theory is Disney using to sue Florida Gov. Ron DeSantis?

Disney’s federal lawsuit against Republican Florida Gov. Ron DeSantis alleges that he violated several constitutional protections by retaliating against the company for its political speech.

Can the government seize property for unpaid taxes and keep the surplus after selling it? SCOTUS will decide

The U.S. Supreme Court will consider whether local governments violate the Constitution when they seize property for unpaid taxes, sell it and then fail to return the surplus to the owner.

Mistaken disclosure of confidential documents leads to suspension for lawyer representing Infowars host

Updated: A Connecticut judge has ordered a six-month suspension for a lawyer representing Infowars host and founder Alex Jones because the attorney “carelessly” handled confidential documents mistakenly released to the opposing counsel in a defamation trial against Jones.

Weekly Briefs: Accused ‘my guns are bigger’ judge resigns; Texas district attorney resigns, takes the Fifth

Judge who displayed gun on bench resigns

Judge David W. Hummel Jr. of West Virginia has resigned from the bench after a video confirmed that he placed a gun on…

Former CFO of Girardi Keese is arrested for alleged $10M ‘side fraud’ scheme

Updated: The former chief financial officer of bankrupt Los Angeles law firm Girardi Keese has been arrested on a federal charge of wire fraud.

Kagan temporarily blocks Jan. 6 committee subpoena for Arizona GOP leader’s phone records

U.S. Supreme Court Justice Elena Kagan on Wednesday issued an administrative stay that blocks a subpoena for a GOP official’s phone records by the congressional committee investigating the Jan. 6, 2021, U.S. Capitol attack.

6th Circuit rules against county that seized homes for unpaid taxes, didn’t refund the surplus value

A county in Michigan violated the takings clause when it seized title to homes to satisfy tax debts without giving the owners compensation for their homes’ value above the amount owed, a federal appeals court has ruled.

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