Statute
Fifth Amendment
430 published works
New Jersey Law Blog
Eminent Domain Issues Affecting New Jersey Condominiums – Can the Government Really Take Part of Our Common Elements?
Eminent domain, sometimes referred to as condemnation, occurs when the government exercises its power to take private property for public use. When this awesome power is exercised, the government must…
On Point
Defense win! DA’s closing argument violated the 5th Amendment
By Wisconsin State Public Defender
State v. Tomas Jaymithcell Hoyle, 2020AP1876-CR, 1/11/22, District 3 (recommended for publication); case activity (including briefs) Hoyle chose to remain silent at his trial for child sexual assault. During closing…
ILN IP Insider
“What’s Mine Is Not Yours To Give Me”—Nor To Take Without Just Compensation: A New Jersey Reaction To Sovereign Immunity, Intellectual Property, & Takings
By James P. Flynn of Epstein Becker Green
I have to give it to creative, resilient lawyers (and in fact, I have lauded them in the past here and there). When the United States Supreme Court issued its…
White Collar Crime Prof Blog
The Eastman Letter and the Fifth Amendment
Here is the Eastman Letter to January 6th Select Committee Chairman Bennie G. Thompson from Eastman's attorney Charles Burnham, invoking Eastman's Fifth Amendment Privilege Against Self-Incrimination and raising other issues…
White Collar Crime Prof Blog
No One Will Be Prosecuted for Plausibly Invoking the Fifth Amendment Privilege Against Self-Incrimination at the January 6th Select Committee
Anyone who regularly practices white collar criminal defense knows how easy it is to successfully invoke the Fifth Amendment Privilege Against Self-Incrimination at the grand jury and trial stages of…
Simple Justice
When Cops Do The Damage, Is It A Taking?
Of all the houses on all the streets in Greenwood Village, Colorado, Robert Jonathan Seacat had to pick Leo Lech’s. To save a child they (wrongly) believed was held captive…
Paul W. Mollica Federal Courts Blog
Split Sixth Circuit Panel Holds that Government Did Not Forfeit Argument on Appeal That the Plaintiff Failed to State a Bivens Claim
In Elhady v. Unidentified CBP Agents, No.20-1339 (6th Cir. Nov. 19, 2021), the panel majority skips over the qualified immunity issue presented in the interlocutory appeal to hold that the…
Environmental Law Prof Blog
Compensation at 4° Celsius
Governments, and therefore taxpayers, could be saddled with enormous costs as global temperatures increase over the coming years. One aspect of these costs is the money governments in the United…
Whitman Legal Solutions Blog
Cedar Point Nursery v. Hassid – A Labor Law Case That Could Affect Eviction Moratoriums
What is music? Many people would say music is a series of sounds. But impressionist composer Claude Debussy took the opposite approach and said, "music is the silence between the…
Health Law Prof Blog
Policing the Emergency Room
Ji Seon Song (UC Irving), Policing the Emergency Room, 134 Harv. L. Rev. 2646 (2021):The problems of policing extend beyond the street and into areas of our lives that are…