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The Latest Breaking News from Berman

More Historical Evidence Showing that the Public Use Clause of the Fifth Amendment Does Not Allow Takings that Transfer Property to Private Parties

Harvard law Prof. Maureen Brady uncovers relevant evidence from late-nineteenth century state constitutional conventions.

Reason · Jan 28

Natural Property Rights: A VC Preview

Property rights, public law, the police power, and the eminent domain power.

Reason · Aug 22, 2025

Air India Pilot Deliberately Shut Off Fuel While Staying Eerily ‘Composed’ As Copilot Panicked, New Report Claims

"Something is fishy here"

Bored Panda · Jul 17, 2025

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read the most diverse news in one place.

The 20th Anniversary of Kelo v. City of New London

On this anniversary, I have posted two new articles related to one of the Supreme Court's most controversial decisions.

Reason · Jun 23, 2025

New Xbox games launching this week, from May 26 through June 1 — Elden Ring Nightreign is here

Elden Ring Nightreign is FromSoftware's stab at a dedicated co-op PvE title. Here are all the new Xbox games launching from May 26 through June 1.

Windows Central · May 25, 2025

Supreme Court Refuses to Hear "Passive Park" Public Use Property Rights Case

While I am eager for the Court to take another public use case, I am actually happy the justices chose to reject this one. Its unusual facts made it a poor vehicle for revisiting Kelo v. City of New London.

Reason · Oct 22, 2024

Vance Bizarrely Compares Harris's CNN Interview To Flubbed Answer by Teen Beauty Queen 17 Years Ago

He later refused to apologize after being told teen contemplated suicide after her answer went viral

International Business Times · Aug 30, 2024

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Short Circuit: A Roundup of Recent Federal Court Decisions

Frothy fonts, unprofessional death threats, and books about butts and farts.

Reason · Jun 7, 2024

Second Circuit Rules that a "Passive Park" Qualifies as a Public Use Authorizing Use of Eminent Domain—Even if this Rationale is a Pretext for a Desire to Block Private Owners' Plan to Build a Hardware Store

The case raises an important issue about what qualifies as a "pretextual" taking. It's a rare takings issue on which I don't have a clear position.

Reason · Apr 5, 2024

My Forthcoming Article on "The Case for Expanding the Anticanon of Constitutional Law"

It argues for increasing the number of cases in the Supreme Court's "Hall of Shame" and proposes three worthy additions.

Reason · Mar 14, 2023

Reversing Roe v. Wade Wouldn't be the First Time the Supreme Court Gutted Precedents that Protect Individual Rights - Far From it

That fact doesn't necessarily justify overruling Roe. Depending on how it's viewed, the history of such reversals may even counsel against further such moves.

Reason · May 6, 2022

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