Orin Kerr posts about Presley v. City of Charlottesville, which held that hikers following an erroneously-drawn government map had committed an unreasonable seixure in violation of the Fourth Amendment. As Orin points out, this result is pretty wacky as a matter of Fourth Amendment Law. Fair enough.

I just wanted to add that as a matter of Fifth Amendment law, the dissent's principal argument is nearly as wacky. The dissent argues that the plaintiffs should not be able to bring their Fourth Amendment claims at all because they also have a Fifth Amendment claim, but that Fifth Amendment claim can't be brought because it's unripe. A Supreme Court decision called Williamson County forbids people from bringing claims for just compensation in the federal courts until they have brought their state-law just-compensation claims in the state courts. The dissent argues that allowing people to bring other legal claims for compensation that arise from the facts of their takings claim would be inconsistent with the ripeness doctrine. This puts the cart before the horse in the worst way.

So, Orin is probably right that the seizure claim here is dubious. But if there is a seizure claim, it would be very odd to say that because the plaintiffs have another constitutional claim, but can't bring it, that they shouldn't be able to bring the first claim either.

Obviously, it's probably a coincidence, but yesterday I received in the mail my first novel by John M. Ford, The Last Hot Time.

At some point, the excuse "I was off interviewing for clerkships" no longer becomes a valid explanation for my lack of blogging activity. I've been back for three days, so so much for that.

Anyway, my mind and efforts are elsewhere-- The Riddle of Hiram Revels, The Rules of Decision Act, federal jurisdiction over frivolous claims, and so on. Given aforementioned clerkship, there will also have to be some major changes in this blog down the line, but that's not for many months.

Anyway, congratulations to all of those 3-Ls and others who have just found post-graduation gigs, and good luck to those who are still hunting.