Paul Stephan on Constitutionality and Civil Penalties
In an article for CQ Roll Call, Paul B. Stephan of UVA School of Law spoke on the constitutionality of civil forfeiture proceedings against frozen assets of Russian oligarchs. The Senate Judiciary Committee held a meeting where they discussed redirecting the proceeds from the forfeitures to humanitarian and economic aid for Ukraine.
Stephan argues that this proposed legislation raises constitutional concerns, stating "If you look at the Supreme Court precedent on retroactivity in civil penalties, I think you get a noisy signal."
Stephan is an expert on international business, international dispute resolution and comparative law, with an emphasis on Soviet and post-Soviet legal systems. He served as the Coordinating Reporter for Restatement of the Law Fourth, The Foreign Relations Law of the United States and Reporter for the Jurisdiction Section of the Restatement.
Read the full article here.
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