Fiction Trumps Innocence: The Bennis Court's Constitutional House of Cards

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The Supreme Court's decision in Bennis v. Michigan depriving Tina Bennis of her car struck many as an unfair application of civil forfeiture law. In this note, Erik Luna argues that the Court's justifications for its decision are utterly indefensible. Luna comments that the Court failed to consider fairness or justice and was blind to the severity of Ms. Bennis' loss. Luna warns that the decision could have adverse consequences on marginal credit candidates and lead to more alarming applications of civil forfeiture in the future.

Original languageEnglish (US)
Number of pages1
JournalStanford Law Review
Issue number2
StatePublished - Jan 1 1997


ASJC Scopus subject areas

  • Law

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