Category: SCOTUS

Property Owners Get a New Legal Weapon

ROBERT BRIDGES, clinical professor of finance and business economics, USC’s Marshall School of Business

This op-ed originally appeared at Forbes on July 2.

Nearly unnoticed among the marquee decisions by this year’s Supreme Court session is Koontz v. St. John’s Water Management District. The decision granted the plaintiff the right to sue a governmental agency that required a payment – or ‘exaction’ – for public facilities miles away from his property as a contingency for approval of a building permit.

The headlines the morning after the decision heralded the ‘bolstering of property rights,’ but it’s doubly ironic that the integrity of rights in real property have been so badly eroded that it would take an act by the highest court of the land to simply grant the right of an individual to challenge a clearly confiscatory act, and that other forms of exactions – unforced, implied, or provided voluntarily – are an unfortunate but normal part of today’s real estate development process.

The Truth Could Set Them Free

DAN SIMON, professor of law and psychology, USC Gould School of Law.

This op-ed originally appeared at the Chronicle of Higher Education.

Stripping people of their liberty or life is one of the most solemn tasks exercised by liberal democracies. Yet, bizarrely, the American criminal-justice system pays too little regard to the factual accuracy of its verdicts.

Consider the steady trickle of exonerations, which occur at a rate few observers would have predicted not long ago. The recently launched National Registry of Exonerations lists the details of 989 exonerees since 1989, and the Innocence Project reports on 300 convicted inmates who have been exonerated based on DNA testing alone. (An additional group of 1,170 defendants have been exonerated in 13 “group exonerations” that followed major police scandals.) No doubt, the actual number of false convictions is much higher.

How to Avoid False Convictions

DAN SIMON, professor of law, USC Gould School of Law.

This op-ed originally appeared at the Huffington Post.

Carlos DeLuna and Cameron Todd Willingham probably did not commit the crimes for which they were put to death by the state of Texas. In-depth inquiries into their convictions revealed bungled investigations, poor recordkeeping, mistaken eyewitness testimony, spurious forensic testimony and misconduct by law enforcement personnel, among other