Statute
Fifth Amendment
430 published works
Sentencing Law and Policy
Justice Gorsuch (joined by Justice Jackson) talks up Excessive Fines Clause after SCOTUS majority finds tax forfeiture is a taking
A civil case on the Supreme Court's docket that I have been watching as the Term winds down is Tyler v. Hennepin County, Minnesota, which presented these issues: (1) Whether…
Criminal Law Blog
CIVIL RIGHTS: SCOTUS: Use of Un-Mirandized Statement Does Not Serve as Basis for § 1983 Claim
By jholdernlrg-com-jason-holder
Jason Holder, Senior Attorney, National Legal Research Group, Inc. Accused of sexually assaulting a patient while working as a certified nursing assistant, Terence Tekoh was interrogated…
Pennsylvania Family Law
Coping with the 5th Amendment Blues
Family lawyers don’t run into the 5th Amendment often but when it happens time stands still. If we lived in a world where lawyers engaged in free discovery and deposed…
Tort Talk
Civil Litigant Permitted to Assert Fifth Amendment Right Against Self-Incrimination in a Personal Injury Case
In the case of Whitcher v. Zimmerman, No. 2022-C-0339 (C.P. Leh. Co. Oct. 25, 2022 Varricchio, J.), the court issued a detailed Order denying a Plaintiff’s Motion to Compel and…
Gender and the Law Prof Blog
4th Circuit Rules Constitution’s Fifth Amendment Equal Protection Clause Protects Against Sexual Harassment
By Tracy Thomas
Court Revives Sexual Harassment Lawsuit Targeting Federal JudiciaryA federal appeals court on Tuesday revived a former public defender’s lawsuit challenging the federal judiciary’s handling of her sexual harassment and discrimination claims…
On Point
Favorable Fifth Amendment decision withdrawn
By Wisconsin State Public Defender
We recently published a post on the court of appeals decision in State v. Hoyle, No. 2020AP1876-CR, which ordered a new trial for a defendant convicted of child sexual assault…
Criminal Law Section Blog | Criminal Law Section
To Remain Silent (Or Not): The Fifth Amendment in Federal Court
The words of the Miranda warning have reached quasi-immortal status, driven by their incessant use in popular films and long-running television shows. Precisely when the rights they memorialize attach, however,…
PropertyProf Blog
Huq on Takings Law After “Cedar Point”
By Chris Odinet
Aziz Huq (Chicago) has posted Property Against Legality: Takings After Cedar Point (Virginia Law Review) on SSRN. Here's the abstract:The zealous defense of property is closely aligned with the rule…
Justice Pays
Is There Attorney-Client Privilege For Accident Cases In Florida?
When you choose to meet with a personal injury attorney on Florida's Suncoast, you may be wondering if what you say to them remains confidential. Today, we will be looking…
Legal Profession Blog
Take Five
The Maryland Court of Appeals remanded a bar discipline matter for the limited purpose of taking evidence of mitigating and aggravating factorsIn pretrial discovery, Mr. Malone invoked the Fifth Amendment…