Civil Forfeiture: A Higher Form of Commercial Law?
Schwarcz, Steven L. & Rothman, Alan E.
Citation analytics
How this journal article sits in the citation network, derived from CiteLaw's graph of published opinions.
Most recently cited by1
- 1997Georgia v. Bell (In re Bell) Bankr. N.D. Ga.
Counts reflect decisions in the CiteLaw corpus and may lag very recent opinions.
Abstract
In this Article, Messrs. Schwarcz and Rothman analyze the disquieting impact of civil forfeiture law on creditors' rights. The Article begins by describing the historical origins of civil forfeiture and its development into current day law. The Article then explores the tension between forfeiture law and commercial and bankruptcy law by examining the effect of a forfeiture action on unsecured and undersecured creditors.
The Article evaluates a recent model for balancing governmental and commercial law interests, and concludes by suggesting reforms to the present civil forfeiture scheme.