Fifth Amendment to the United States Constitution
The Fifth Amendment to the United States Constitution is part of the Bill of Rights and protects against a person being compelled to be a witness against himself or herself in a criminal case. Taking...
Fifth Amendment to the United States Constitution - Wikipedia
Double Jeopardy Clause
The Double Jeopardy Clause of the Fifth Amendment to the United States Constitution provides: "[N]or shall any person be subject for the same offence to be twice put in jeopardy of life or limb . . . ...
Self-Incrimination Clause
The Fifth Amendment to the United States Constitution is part of the Bill of Rights and protects against a person being compelled to be a witness against himself or herself in a criminal case. Taking...
Due process in the United States
The Fifth and Fourteenth Amendments to the United States Constitution contain a due process clause. Due process deals with the administration of justice and thus the due process clause acts as a safe...
Eminent domain
Eminent domain (United States, the Philippines), compulsory purchase (United Kingdom, New Zealand, Ireland), resumption (Hong Kong), resumption/compulsory acquisition (Australia), or expropriation (So...
Lucas v. South Carolina Coastal Council
Lucas v. South Carolina Coastal Council, 505 U.S. 1003 (1992), was a case in which the Supreme Court of the United States established the "total takings" test for evaluating whether a particular r...
Louisville Joint Stock Land Bank v. Radford
Louisville Joint Stock Land Bank v. Radford, 295 U.S. 555 (1935), was a decision by the Supreme Court of the United States that ruled the Frazier–Lemke Farm Bankruptcy Act unconstitutional in violatio...
Maxwell v. Dow
Maxwell v. Dow, 176 U.S. 581 (1900), is a United States Supreme Court decision which addressed two questions relating to the Due Process Clause. First, whether the Utah's practice of allowing pr...
Maxwell v. Dow - Wikipedia
Déclaration d'utilité publique
A Déclaration d'utilité publique, or declaration of public utility, is a formal recognition in French law that a proposed project has public benefits. For many large construction projects in France, e...
Compulsory purchase order
A compulsory purchase order (CPO) is a legal function in the United Kingdom and Ireland that allows certain bodies which need to obtain land or property to do so without the consent of the owner. It m...
Due Process Clause
The Fifth and Fourteenth Amendments to the United States Constitution contain a due process clause. Due process deals with the administration of justice and thus the due process clause acts as a safe...
Ex parte McCardle
Ex parte McCardle, 74 U.S. 506 (1869), is a United States Supreme Court decision that examines the extent of the jurisdiction of the Supreme Court to review decisions of lower courts under federal sta...
Incorporation (Bill of Rights)
The incorporation of the Bill of Rights (or incorporation for short) is the process by which American courts have applied portions of the U.S. Bill of Rights to the states. Prior to 1925, the Bill o...
Edmonson v. Leesville Concrete Company
Edmonson v. Leesville Concrete Company, 500 U.S. 614 (1991), was a case in which the Supreme Court of the United States held that peremptory challenges may not be used to exclude jurors on the basis o...
Penn Central Transportation Co. v. New York City
Penn Central Transportation Co. v. New York City, 438 U.S. 104 (1978) was a landmark United States Supreme Court decision on compensation for regulatory takings.
The New York City Landmarks La...
Substantive due process
In United States constitutional law, substantive due process (SDP) is a principle which allows federal courts to protect certain fundamental rights from government interference under the authority of ...
Void for vagueness
In American constitutional law, a statute is void for vagueness and unenforceable if it is too vague for the average citizen to understand. There are several reasons a statute may be considered vague;...
Loretto v. Teleprompter Manhattan CATV Corp.
Loretto v. Teleprompter Manhattan CATV Corp., 458 U.S. 419 (1982), was a case in which the Supreme Court of the United States held that when the character of the governmental action is a permanent phy...
California Propositions 98 and 99 (2008)
California Propositions 98 and 99 were competing ballot propositions in the U.S. state of California to limit the use of eminent domain and possibly rent control. They were voted on June 3, 2008; pro...
California Propositions 98 and 99 (2008) - Wikipedia
Lindsay v. Commissioners
Lindsay v. Commissioners, 2 S.C.L. 38 (1796), was an early American case in South Carolina that found that a government taking to build a public road did not require compensation to the deprived prope...
Detroit Free Press v. Ashcroft
Detroit Free Press v. Ashcroft was a case that was heard before the United States Court of Appeals for the Sixth Circuit in August 2002. The plaintiffs, Detroit Free Press, Detroit News, Michigan Rep...
Origins of the Fifth Amendment
Origins of the Fifth Amendment by Leonard W. Levy Oxford University Press, 1968, won the Pulitzer Prize for History for 1969. It followed in the wake of the 1966 United States Supreme Court Opinion Mi...
Origins of the Fifth Amendment - Wikipedia
Stop the Beach Renourishment v. Florida Department of Environmental Protection
Stop the Beach Renourishment v. Florida Department of Environmental Protection, 560 U.S. ___ (2010), was a United States Supreme Court case in which the Court held that the Florida Supreme Court did n...
Kimball Laundry Co. v. United States
Kimball Laundry Co. v. United States, 338 U.S. 1 (1949) affirmed the principle set forth in The West River Bridge Company v. Dix et al., 47 U.S. 507 (1848); that is, that intangible property r...
Kimball Laundry Co. v. United States - Wikipedia
Pennsylvania Coal Co. v. Mahon
Pennsylvania Coal Co. v. Mahon, 260 U.S. 393 (1922), was a case in which the Supreme Court of the United States held that whether a regulatory act constitutes a taking requiring compensation depends o...