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State and Local Government Law

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Journal

1994

Due process

Articles 1 - 6 of 6

Full-Text Articles in Law

Due Process: Alfonso V. Fernandez Jan 1994

Due Process: Alfonso V. Fernandez

Touro Law Review

No abstract provided.


Gift Or Loan Of State Money: Schulz V. State Of New York Jan 1994

Gift Or Loan Of State Money: Schulz V. State Of New York

Touro Law Review

No abstract provided.


The Supreme Court Takes A Weapon From The Drug War Arsenal: New Defenses To Civil Drug Forfeiture., Scott Alexander Nelson Jan 1994

The Supreme Court Takes A Weapon From The Drug War Arsenal: New Defenses To Civil Drug Forfeiture., Scott Alexander Nelson

St. Mary's Law Journal

This Comment discusses the history and development of forfeiture law—emphasizing the misnomer of “guilty property”—and addresses the lack of constitutional safeguards in the civil forfeiture statutes. It outlines prospective constitutional defenses announced by the United States Supreme Court, emphasizing the Fifth Amendment guarantee of due process, the Eighth Amendment’s Excessive Fines Clause, and the “innocent owner” defense. The federal statute authorizing civil forfeiture, 21 U.S.C. § 881 (Forfeiture Statute), was initially enacted as part of the Comprehensive Drug Abuse Prevention and Control Act of 1970. The Comprehensive Forfeiture Act of 1984 amended the statute to impose forfeiture on real property …


Section 1983 Litigation, Martin A. Schwartz Jan 1994

Section 1983 Litigation, Martin A. Schwartz

Touro Law Review

No abstract provided.


Self Incrimination: People V. Tankleff Jan 1994

Self Incrimination: People V. Tankleff

Touro Law Review

No abstract provided.


Ineffective Assistance Of Counsel: In Re Jamie Tt. Jan 1994

Ineffective Assistance Of Counsel: In Re Jamie Tt.

Touro Law Review

No abstract provided.