Proposing a Transactional Approach to Civil Forfeiture Reform

Abstract

This student comment provides a new lens through which to understand the controversial practice of Civil Forfeiture. The comment divides forfeited items into Low, Mid, and High Value Chattel (along with Real Property, which is not discussed), and suggests solutions for protecting Low and Mid Value Chattel, while encouraging the pursuit of High Value Chattel forfeiture. Specifically, the comment proposes treating forfeiture as a transaction in the Coasean/Calabresian paradigm, limiting externalities and increasing transaction costs to adjust the "market" for forfeiture.