Summary multiple-seizure power can destroy a business without prior adjudication

Evidence

Multiple seizures, on the other hand, can effeotively put the manufacturer out of business permanently. Should administrators be given such power, which is necessarily exercised in a sumary manner and in advance of adjudication? Should the .power be limited to matters affecting health? Or should the administrator be required to obtain a court order, on a showing of probable cause, before he can make multiple seisures? — Henry M. Hart, Jr. and Albert M. Sacks, The Legal Process, 1137

Categorization

  • XREF: Precedent for today’s due-process questions about summary administrative action and civil asset forfeiture. — connects to: Seizure scale determines whether it initiates a test case or permanently destroys a business — Henry M. Hart, Jr. and Albert M. Sacks, The Legal Process: Basic Problems in…, 1137; Forfeiture serves both punishment and health-protective prevention — Henry M. Hart, Jr. and Albert M. Sacks, The Legal Process: Basic Problems in…, 1135; An owner’s liquid exit option weakens their organizational power relative to committed insiders — Niklas Luhmann, Trust and Power, 788 (+1 more)

Broader Connections