Open Access. Powered by Scholars. Published by Universities.®
- Discipline
Articles 1 - 2 of 2
Full-Text Articles in Law
Who’S Exercising What Power: Toward A Judicially-Manageable Nondelegation Doctrine, Martin Edwards
Who’S Exercising What Power: Toward A Judicially-Manageable Nondelegation Doctrine, Martin Edwards
Journal Articles
This Article argues that the traditional, "intelligible principle" nondelegation analysis is incomplete and that an examination of the delegate, rather than just the delegation, more effectively animates the doctrine. This is true not only as a practical matter; early Supreme Court cases, as well as later ones, have taken a keen interest in the recipient of the alleged delegation. In other words, a realistic and judicially enforceable nondelegation doctrine must include more than a mere tip of the juridical cap.
Note, Civil Forfeiture And Innocent Owners, Deborah Challener
Note, Civil Forfeiture And Innocent Owners, Deborah Challener
Journal Articles
Although forfeiture is an ancient practice, its constitutional validity has only recently been seriously questioned. Historically, the Supreme Court has relied on a legal fiction-that the property itself is guilty-to confiscate property without regard to the Constitution. Cloaking itself in the "guilty property fiction," the Court has virtually ignored the property owner's culpability. In Bennis, the Court decided whether an owner's interest in property is subject to forfeiture when the owner entrusts the property to a party who uses it to commit a crime, even if the owner has no knowledge of the illegal use.