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Running With United States V. Totaro: Should Divorce Law Preserve Innocent Non-Owner Spouses’ Rights In Property Subject To Federal Criminal Forfeiture?, Matthew Jordan Cochran
Running With United States V. Totaro: Should Divorce Law Preserve Innocent Non-Owner Spouses’ Rights In Property Subject To Federal Criminal Forfeiture?, Matthew Jordan Cochran
Matthew Jordan Cochran
In United States v. Totaro, the Eighth Circuit called for an application of New York divorce law in dividing between the government's interest and that of the innocent Adrienne Totaro in property subjected to forfeiture by her husband's RICO offenses. Adrienne owned legal title to a portion of the property. But shouldn't the law also protect innocent spouses who do not hold title?
By requiring judges to give weight to the marital contributions of the homemaker spouse and not just the breadwinner, equitable distribution and community property regimes in most states address the hardship historically imposed on women by …
A Fighting Chance For Outlaws: Strict Scrutiny Of North Carolina's Felony Firearms Act, Matthew Jordan Cochran
A Fighting Chance For Outlaws: Strict Scrutiny Of North Carolina's Felony Firearms Act, Matthew Jordan Cochran
Matthew Jordan Cochran
This comment presents a substantive due process challenge to North Carolina's Felony Firearms Act (codified at N.C. Gen. Stat. § 14‑415.1), which, as modified in 2004, criminalizes owning a firearm—even in your own home—if you've ever been convicted of a felony. The discussion is very comprehensive.
I begin with an assumption (which by now appears supported by Second Amendment jurisprudence and post-Heller commentary) that individuals have a fundamental right of self-defense, and proceed to demonstrate that the Act deprives persons of that right without being narrowly tailored toward furthering any compelling state interest. For example, the statute does not …