Decryption Originalism: The Lessons of Burr
Vol. 134 No. 3
The Supreme Court is likely to rule soon on how the Fifth Amendment privilege against self-incrimination applies to compelled decryption of a digital device....
Fifth Amendment
Judicial Takings, Judicial Federalism, and Jurisprudence: An Erie Problem
Vol. 134 No. 2
The Takings Clause protects against governmental takings of property without just compensation. Traditionally, takings claims have not expanded beyond actions performed by the political...
Knick v. Township of Scott
Vol. 133 No. 1
The state-litigation requirement for takings claims has been subject to vitriol ever since its establishment in Williamson County Regional Planning Commission v. Hamilton Bank...
Gamble v. United States
Vol. 133 No. 1
The Double Jeopardy Clause requires that no defendant “be subject” to prosecution twice “for the same offence.” But under the “separate sovereigns” doctrine, the...
United States v. Sanchez-Gomez
Ninth Circuit Deems Unconstitutional Routine Shackling in Pretrial Proceedings.
Vol. 131 No. 4
Murr v. Wisconsin
Vol. 131 No. 1
To evaluate a regulatory takings claim, a court must measure the economic loss caused by a challenged regulation (the numerator) with respect to a...
Puerto Rico v. Sanchez Valle
Vol. 130 No. 1
Starr International Co. v. United States
Court of Federal Claims Holds that Government Acquisition of Equity Share in AIG Effected an Illegal Exaction.
Vol. 129 No. 3
United States v. Muhammad
Tenth Circuit Holds that Defendant Need Not Be Informed of Collateral Consequences Before Pleading No Contest.
Vol. 128 No. 6
Howes v. Fields
Vol. 126 No. 1