FEAR-List Bulletin posted by Russell Laws, 11/16/95

I don't know if you are aware that the National Moot Court topic for this year involves two constitutional questions relating to in rem forfeiture.

The first question asks whether a civil forfeiture proceeding that follows a criminal prosecution and conviction violates the Double Jeopardy Clause of the Fifth Amendment. The second question presented seeks to resolve the dispute among the various circuit courts of appeals about what test to use to measure the excessiveness of a civil forfeiture under the Eighth Amendment.

If you'd be interested in a sample petitioner's brief, please e-mail me here and I will send you a copy of our brief. I am on the National Moot Court Team for the University of Kansas.
 

Thank you,

Russell Laws
 
 

P.S. Your web page has been extremely useful to us in preparing our arguments. The petitions of certiorari that you have obtained for the Supreme Court cases are especially helpful.