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The defence of property is a common method of justification used by defendants who argue that they should not be held liable for any loss and injury that they have caused because they were acting to protect their property.
In law, the duty to retreat, or requirement of safe retreat, [1]: 550 is a legal requirement in some jurisdictions that a threatened person cannot harm another in self-defense (especially lethal force) when it is possible instead to retreat to a place of safety.
Property Rules, Liability Rules and Inalienability: One View of the Cathedral is an article in the scholarly legal literature (Harvard Law Review, Vol.85, p. 1089, April 1972), authored by Judge Guido Calabresi (of the United States Court of Appeals for the Second Circuit) and A. Douglas Melamed, currently a professor at Stanford Law School.
In response, the new law allows courts to award attorneys fees to some individuals who successfully win back their property. The change is intended to encourage lawyers to take on forfeiture cases.
Many forfeitures of property seized by police go uncontested, concerning critics of civil asset forfeiture. Kansas police seize property without criminal charges, but lawmakers want more ...
Mar. 4—When it comes down to who should stay in jail pending trial and who is safe to release, it is essential our judges are exercising judicial discretion. Because in three recent cases, the ...
In 1922, the Supreme Court held in Pennsylvania Coal Co. v. Mahon that governmental regulations that went "too far" were a taking. Justice Oliver Wendell Holmes, writing for the majority of the court, stated that "[t]he general rule at least is that while property may be regulated to a certain extent, if regulation goes too far it will be recognized as a taking."
WASHINGTON — Chief Justice John Roberts issued a defense Tuesday of judicial independence, which he said is under threat from intimidation, disinformation and the prospect of public officials ...