Open Access. Powered by Scholars. Published by Universities.®
Articles 1 - 2 of 2
Full-Text Articles in Law
Prison Law - Casey V. Lewis: The Legal Burden Is Raised; The Physical Barrier Is Spared, Song Hill
Prison Law - Casey V. Lewis: The Legal Burden Is Raised; The Physical Barrier Is Spared, Song Hill
Golden Gate University Law Review
In Casey v. Lewis, the Ninth Circuit held that a prisoner's Fourteenth Amendment rights of meaningful access to the courts are not violated when he is prohibited from contact visitation with his attorney under an Arizona prison regulation. The Ninth Circuit requires prisoners to demonstrate the unreasonableness of a prison regulation which infringes upon their constitutional rights. Further, the court approves an adequate law library as an alternative to attorney-client visits to satisfy a prisoner's Fourteenth Amendment rights of meaningful access to the courts, discounting counsel's indispensable services to a prisoner.
The Impact Of Austin V. United States: Extending Constitutional Protections To Claimants In Civil Forfeiture Proceedings, Robin M. Sackett
The Impact Of Austin V. United States: Extending Constitutional Protections To Claimants In Civil Forfeiture Proceedings, Robin M. Sackett
Golden Gate University Law Review
This comment will first provide a brief historic overview of civil forfeiture and the Eighth Amendment's Excessive Fines Clause. The comment will then discuss how the guilty property fiction and previous court interpretations of the Eighth Amendment have interacted to prevent proportionality review of civil forfeitures. Next, the comment will examine the Supreme Court decision in Austin v. United States and its potential impact on civil forfeiture law. Additionally, this comment will explore the potential of Austin to extend further constitutional protections to parties in civil forfeiture proceedings. Finally, this comment will conclude that, in light of the Austin decision, …