Home -> Law Blog Directory -> Criminal Law Blogs -> Crime and Consequences

Criminal Law

: Crime and Consequences

Blog Scan

By Kent Scheidegger et al.

Takings Clause and Foreigners: Thanks to Eugene Volokh at Volokh Conspiracy for his post on the Federal Circuit opinion dismissing a claim that the Fifth Amendment's Takings Clause applied to foreign nationals with no relationship to the United States. While the Takings Clause does not normally arouse our interest, the Federal Circuit's discussion of the Bill of Rights as it applies to foreigners is of interest - especially in light of pending U.S. Supreme Court decisions pending in Boumediene and Al Odah. In its decision the Federal Circuit discusses Ross v. McIntyre, 140 U.S. 453 (1891) and Johnson v. Eisentrager, 339 U.S. 763 (1950). The Ross decision stated constitutional guarantees "against accusation of capital or infamous crimes...continue to full post

Full post as published by Crime and Consequences on May 08, 2008 (boomark / email).