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Full-Text Articles in Law
The Meaning, History, And Importance Of The Elections Clause, Eliza Sweren-Becker, Michael Waldman
The Meaning, History, And Importance Of The Elections Clause, Eliza Sweren-Becker, Michael Waldman
Washington Law Review
Historically, the Supreme Court has offered scant attention to or analysis of the Elections Clause, resulting in similarly limited scholarship on the Clause’s original meaning and public understanding over time. The Clause directs states to make regulations for the time, place, and manner of congressional elections, and grants Congress superseding authority to make or alter those rules.
But the 2020 elections forced the Elections Clause into the spotlight, with Republican litigants relying on the Clause to ask the Supreme Court to limit which state actors can regulate federal elections. This new focus comes on the heels of the Clause serving …
Police Or Pirates? Reforming Washington's Civil Asset Forfeiture System, Jasmin Chigbrow
Police Or Pirates? Reforming Washington's Civil Asset Forfeiture System, Jasmin Chigbrow
Washington Law Review
Civil asset forfeiture laws permit police officers to seize property they suspect is connected to criminal activity and sell or retain the property for the police department’s use. In many states, including Washington, civil forfeiture occurs independent of any criminal case—many property owners are never charged with the offense police allege occurred. Because the government is not required to file criminal charges, property owners facing civil forfeiture lack the constitutional safeguards normally guaranteed to defendants in the criminal justice system: the right to an attorney, the presumption of innocence, the government’s burden to prove its case beyond a reasonable doubt, …