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Statute

Fifth Amendment

428 published works

  1. Law of the Land

    Seventh Circuit Court of Appeals Rejects “Takings” Challenge to a City Ordinance that Protects Tenants in Residential Buildings When Ownership is Transferred Through a Foreclosure Action. 

    By Patricia Salkin

    This post was authored by Julie Tappendorf, Esq. and originally appeared on the Municipal Minute Blog.  It is reposted with permission. In 2021, the City of Chicago adopted the “Keep…

  2. North Carolina Criminal Law

    North Carolina’s Double Jeopardy Clause

    By Joseph L. Hyde

    Constitutional protection against double jeopardy is understood to extend no further than the Fifth Amendment requires. Two recent cases from the Court of Appeals, however, seem to find greater double…

  3. inversecondemnation.com

    Pung Round-Up

    By Robert H. Thomas

    Here is what we're reading today, comments and thoughts on yesterday's U.S. Supreme Court decision in Pung v. Isabella County.

  4. inversecondemnation.com

    Pung Decided – “Just” Compensation May Not Always Mean Fair Market Value: “The Fifth Amendment protects the … right to surplus proceeds from the tax sale, not compensation for the property’s fair market value.”

    By Robert H. Thomas

    This just in: the Supreme Court has decided Pung v. Isabella County, No. 25-95 (June 23, 2026). And the result -- that "just compensation" for Tyler takings is usually measured…

  5. Texas Bar Blog

    Waiving the Fifth

    By State Bar of Texas Staff

    In this episode of the State Bar of Texas Podcast, host Rocky Dhir welcomes experienced trial lawyers Jay Ethington and Rachael Jones to gain a deeper understanding of the Fifth…

  6. Bankruptcy Litigation Blog 2.0

    Fifth Amendment Act‑of‑Production Privilege: A Shield, Not a Scalpel

    By Steve Jakubowski

    In this long‑running Chapter 15 case, a foreign representative sought bank records from JPMorgan tied to a debtor’s principal now in the U.S. The principal had already produced those records—selectively…

  7. Ziff Blog

    A (New to Me) Legal Research Program for Washington State Trial Judges

    By David Ziff

    Recently, I was reading this article in the WSBA Bar News on Washington’s weapons-surrender statute. The article itself is interesting and worth a read. In short, Washington law provides that…

  8. inversecondemnation.com

    Memorial Day 2026: Arlington National Cemetery And Takings

    By Robert H. Thomas

    Programming note: On the weekend we've set aside to remember our nation's war dead, we thought we'd repost this one, about how Arlington National Cemetery came to be. And yes,…

  9. inversecondemnation.com

    Property Pilgrimage: Nectow v. City of Cambridge (1928)

    By Robert H. Thomas

    Here's the latest in our continuing series of dirt law pilgrimages, where we visit the site of some of the more important cases in our favorite area of law. As…

  10. Herston on Tennessee Family Law

    Discovery Sanctions Overturned in Nashville, Tennessee Divorce: Gordon v. Gordon

    By K.O. Herston

    Facts: Husband and Wife were embroiled in a contentious divorce where each accused the other of marital misconduct. During the divorce, Wife made numerous abuse allegations against Husband to the…