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16 Tex. J. on C.L. & C. R. 77 (2010-2011)
Race and Civil Asset Forfeiture: A Disparate Impact Hypothesis

handle is hein.journals/tfcl16 and id is 79 raw text is: Notes
Race and Civil Asset Forfeiture:
A Disparate Impact Hypothesis
Mary Murphy*
I.    INTRODUCTION: HIGHWAY ROBBERY IN TENAHA, TEXAS ...... 78
II.    CIVIL ASSET FORFEITURE LAW           ...........   ................. 80
A. Civil Asset Forfeiture Law: History and Today ............... 80
B. Legal Challenges to Civil Asset Forfeiture....     ........ 83
III.   CRITICISM OF CIVIL ASSET FORFEITURE         ..................... 86
IV.    CIVIL ASSET FORFEITURE AND RACE ....................... 89
A. Race and Law Enforcement Generally ......         ......... 90
1. Racial Profiling     ...................      ......... 90
2. Officer Bias & Training ...................... 92
B. Race and Civil Asset Forfeiture.........................93
1. Race and Civil Asset Forfeiture Hypothesis: Cash......... 94
2. Race and Civil Asset Forfeiture Hypothesis: Consent
to Search .    .......................        .......... 95
3. Race and Civil Asset Forfeiture Hypothesis:
Highway Travel     ............................ 96
4. Race and Civil Asset Forfeiture Hypothesis: Limited
Legal Agency     .............................96
V.     SUGGESTIONS FOR ACTION                    .........................  97
A. Legislative Reforms        ......................    ...... 97
B. Reforms for the Racial Impact of Civil Asset Forfeiture......98
VI.    CONCLUSION                         ............................................ 99
. B.A., Georgetown University, 2006; J.D., The University of Texas School of Law, 2011. 1 would
like to thank Professor Jennifer Laurin for her extensive editing and suggestions for this Note and
her guidance in the law generally. I would also like to thank Kathryn Olson and all the TJCLCR
staff for their patient and diligent work on this Note.

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