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...
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
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...
Hodel v. Irving
Hodel v. Irving, 481 U.S. 704 (1987), is a case in which the U.S. Supreme Court held that a statute ordering the escheat of fractional interests in real property which had been bequeathed to members 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 ...
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...
Forced sale
A forced sale is an action taken in a civil court forcing the owners of a piece of real property to sell their property and to divide the profits. A forced sale is generally the result of a petition t...
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
Empty Dwelling Management Orders
Empty Dwelling Management Orders (EDMOs) are a legal device used in England and Wales, which enable local authorities to put an unoccupied property back into use as housing. EDMOs were created by the ...
Empty Dwelling Management Orders - Wikipedia
United States v. Gettysburg Electric Ry. Co.
United States v. Gettysburg Electric Ry. Co. was a case to prevent trolley operations on the Gettysburg Battlefield. The dispute began in August 1891 when the Gettysburg Battlefield Memorial Associat...
United States v. Gettysburg Electric Ry. Co. - Wikipedia
United States v. Lee
United States v. Lee, 106 U.S. 196 (1882), is a 5-to-4 ruling by the United States Supreme Court which held that the Constitution's prohibition on lawsuits against the federal government did not e...
United States v. Lee - Wikipedia
Lingle v. Chevron
Lingle v. Chevron U.S.A. Inc., 544 U.S. 528 (2005), was a landmark case in United States regulatory takings law whereby the Court expressly overruled precedent created in Agins v. City of Tiburon,...
Shorty's Lunch
Shorty's Lunch is a Washington, Pennsylvania-based hot dog lunch counter. A "local landmark," Shorty's has been owned by the Alexas family since the 1930s. It has two locations, including the main fa...
Shorty's Lunch - Wikipedia
Split estate
In the United States, a Split Estate is an estate where the property rights to the surface and the underground are split between two parties. It is the result of Homestead Acts such as the Alaska Nati...
Just compensation
Just Compensation is required to be paid by the Fifth Amendment to the U.S. Constitution (and counterpart state constitutions) when private property is taken (or in some states, damaged then Inverse C...
Tahoe-Sierra Preservation Council, Inc. v. Tahoe Regional Planning Agency
Tahoe-Sierra Preservation Council, Inc. v. Tahoe Regional Planning Agency, 535 U.S. 302 (2002), is one of the United States Supreme Court's more recent interpretations of the Takings Clause of the Fif...