Ambac Emerges from Bankruptcy NEW YORK--(BUSINESS WIRE)-- Ambac Financial Group, Inc. ("Ambac" or the "Company") announced today the effectiveness of its Second Modified Fifth Amended Plan of Reorganization (the "Plan"), which marks the completion of its financial restructuring and Ambac's emergence from Chapter 11 bankruptcy protection. Show More Summary
Courts have gone back and forth over the years concerning whether or not being forced to give up your password to reveal encrypted data is a violation of the Fifth Amendment. Now there's been yet another decision saying that someoneShow More Summary
Forcing defendants to decrypt hard disks against their will has long been a thorny issue that may—or may not—violate the Fifth Amendment. The latest case has seen a federal judge refuse to insist that a Wisconsin child porn suspect decrypt the contents of his hard drive—but what do you think? More »
Judge says forcing man to unlock files would amount to self-incrimination.
The justification that legislative assaults on the Constitution that seriously eroded the First, Fourth and Fifth Amendments were necessary to prevent another 9/11 are now revealed to be as fictitious as any imaginary fairytale.
Max Kennerly outlines the implications for civil lawsuits when someone involved chooses to invoke 5th Amendment rights against self-incrimination. Tweet Tags: constitutional law When a litigant pleads the Fifth Amendment is a post from Overlawyered - Chronicling the high cost of our legal system
From the annals of stories you know you can't resist reading: The Prenda saga already had everything a red-blooded legal observer might treasure: Pornography. Intimations of offshore money laundering. Alleged forgery and identity theft. Then it got even stranger. Yes it did. Show More Summary
Those in attendance describe Judge Otis Wright as "incandescently angry."
(Jonathan H. Adler) The question presented in United States v. Windsor is whether Section 3 of the Defense of Marriage Act (DOMA) violates the Fifth Amendment’s guarantee of equal protection. Why, then, are some of us talking about federalism? It’s a fair question. In an equal protection case, courts are called upon to weigh the weight of the [...]
James Holmes' attorneys argue that his Fifth Amendment right is at stake.
Does a mandated reporter have a duty to report abuse when he's responsible for that abuse? According to a recent decision from California's Fifth Appellate District Court, the Fifth Amendment trumps the mandatory reporting law.........
``We still don't know exactly why AIG agreed to the side deal with Greenberg and we probably won't ever get a direct answer now that AIG is out of the case. (AIG's board voted Wednesday to stay out of Starr's Fifth Amendment "takings"...Show More Summary
The Supreme Court heard oral argument yesterday in a major case pitting property rights advocates against government regulators in a battle over the proper scope of the Takings Clause of the Fifth Amendment, which requires the government to pay just compensation when it takes private property for a public use. Show More Summary
The Takings Clause of the Constitution's Fifth Amendment made national news last week with the spectacle of AIG playing Hamlet in debating whether "to sue,...
A lawsuit that contends the government violated the American International Group's Fifth Amendment rights by seizing shareholder property is regarded by many as ridiculous because corporate shareholders are always subject to dilutio...
(Ilya Somin) We recently filed an amicus brief urging the Supreme Court to hear Ilagan v. Ungacta, an important property rights case on the Public Use Clause of the Fifth Amendment. I wrote the brief on behalf of the National Federation of Independent Business Small Business Legal Center, twelve other organizations (including the Cato Institute, the Becket [...]
The US Government is changing every day, and with it, The Fifth Amendment could be on its way out, says The Atlantic. Most people don’t think the government would withhold penicillin from a man with syphilis just to see what will happen, but they will. You wouldn’t think the military would coerce young soldiers to [...]Show More Summary
Burge was expected to testify by video from prison, but he was expected to plead the Fifth Amendment. [ more › ]
For many school administrators, the default mode is to limit the rights of students while enforcing very broadly-worded policies. The default mode may start shifting, though, as more courts are reminding administrators that, while students'...Show More Summary
Barry Cadden, the co-founder of the New England Compounding Center whose tainted steroid injections have sickened patients nationwide, repeatedly cited the Fifth Amendment, declining to answer questions from the House Energy and Commerce Committee on Wednesday. Show More Summary