The second time around: civil forfeiture actions add to conflicts over double jeopardy

Article Abstract:

Double-jeopardy claims are increasing along with laws imposing civil forfeitures, with many defendants arguing that, if the two proceedings are separate, they are unconstitutional. The federal courts seem seem mixed on the issue. The 6th Circuit ruled on July 13 in Ursery, relying on the 9th Circuit's decision in $405,089.23 US Currency, that a drug conviction could not be sought after entry of a consent judgment in a civil forfeiture. Less than a month later the 9th Circuit restricted the effect of that precedent.

Laws, regulations and rules, Remedies, Forfeiture, Double jeopardy, Drug traffic

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Ships that bump in the night: rulings sort out liability, damages issues in maritime cases

Article Abstract:

Federal courts and Congress have over the past 200 years resolved many of the legal issues arising from maritime incidents, but many such issues are still unsettled. US circuit courts have recently addressed who qualifies as a seaman and when a ship is a vessel in navigation under the Jones Act, whether a ship's master is automatically liable for the deaths of those aboard, whether punitive damages are available for reckless conduct at sea, and how a yacht-racing group's rules apply to participants.

Maritime law, Liability for marine accidents

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Model rules get the once-over; Ethics 2000 project launches review of ABA professionalism standards

Article Abstract:

The ABA Commission on the Evaluation of the Rules of Professional Conduct will review the Model Rules of Professional Conduct and report on the legal changes necessary to take the profession into the 21st century. This will also enable the commission to evaluate the variations in the state rules and whether provisions of the Restatement of the Law Governing Lawyers would enhance the Model Rules.

Standards, Legal ethics

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