Bound By Oath by IJ

Robert McNamara, Deputy Litigation Director at the Institute for Justice, argues pivotal property rights cases, alongside property law legends Gideon Kanner and Mike Berger. They dissect how the government circumvents fair compensation under the Fifth Amendment. The trio delves into alarming Texas cases where landowners face flooding without just recompense and examine landmark rulings like Agins v. Tiburon. The discussion highlights the evolving interpretation of property rights and the struggle between government authority and individual landowners struggling for just compensation.

Patrick Giacomo, a colleague at the Institute for Justice, shares insights into the harrowing Supreme Court case involving the Martin family, who were mistakenly raided by the FBI. He delves into the psychological impact of such traumatic events on innocent families. The discussion highlights the Federal Tort Claims Act and the challenges victims face in seeking justice. Giacomo also covers the broader implications of sovereign immunity, the necessity for reform in law enforcement oversight, and the ongoing fight for accountability in the system.

Government officials must obtain a warrant before forcibly entering a home (absent consent or an emergency). That rule goes back to the Founding. But in a series of cases, culminating in Camara v. San Francisco in 1967, the Supreme Court announced an ahistorical exception, holding that the Fourth Amendment is less protective when it is a health inspector, rather than a police officer, knocking at the door. On this episode, we hear from Marshall Krause, who argued Camara on behalf of the ACLU of Northern California. And we head to Pottstown, Pennsylvania, where a challenge to the borough’s rental inspection program lays bare the cost of ignoring traditional limits on government power. Click here for episode transcript. Frank v. Maryland Camara v. San Francisco

In 2020, a police SWAT team blew up Vicki Baker’s house after a fugitive barricaded himself inside. On this episode, we ask: who pays the tab when the government damages or destroys private property for the public good — the unlucky owner or the public as a whole? Click here for episode transcript. Pumpelly v. Green Bay & Mississippi Canal Company Armstrong v. United States

Civil forfeiture is a civil rights nightmare, allowing police and prosecutors to seize billions of dollars’ worth of property annually—cash, cars, houses, bank accounts, and more—without charging anyone with a crime, let alone obtaining a conviction. On this episode, we trace the rise of the modern forfeiture regime in the 1970s and 80s, and we look at forfeiture’s historic roots. Click here for episode transcript. Miller v. United States The Palmyra Bennis v. Michigan

Delving into the impact of Supreme Court decisions on eminent domain, the podcast explores cases like Kelo v. New London and Hawai’i Housing Authority v. Midkiff. It also highlights the fight against eminent domain abuse, discussing the Archie family's battle to preserve their land. Additionally, the episode examines controversial uses of eminent domain for private development projects and the ongoing debate over its limits.

Explore the repercussions of Berman v. Parker, the Supreme Court's decision that paved the way for urban renewal projects across America. Delve into the history and impact of urban renewal on marginalized communities, the evolution of eminent domain laws, and the devastating consequences of government takings on diverse neighborhoods. Examine the intersection of property rights, civil rights, and the need for increased protections against discriminatory government actions.

Exploring the origins and justifications of private property, from early human evolution to present times. Analyzing the development of property ownership and the unique human perception of tools as extensions of themselves. Delving into the historical origins of property rights and the philosophical debate surrounding land ownership. Examining the debate between historical and consequentialist approaches to property rights, with insights from Ronald Coase on resolving disputes for societal benefit.

Exploring the history of zoning laws and housing discrimination, focusing on the Mount Laurel doctrine's fight for affordable housing. Discussing legal battles and challenges in zoning regulations, including state court efforts to protect property rights under state constitutions.

In 1926, in the case of Euclid v. Ambler, the Supreme Court upheld zoning, giving elected officials and city planners vast, new, and largely unchecked power to tell people what they can and cannot do with their own private property. On this episode: the story of the lawsuit that changed everything for American property rights plus the personalities who made it happen. Click here for episode transcript. Euclid v. Ambler (Supreme Court opinion) Ambler v. Euclid (district court opinion) Nectow v. Cambridge