Topic

Prosecutorial Discretion

Posts

  • ArticleVol. 104 · Iss. 2

    Corporate Crime and Corporate Bankruptcy

    Mass-tort bankruptcies often arise from underlying criminal conduct, yet organizational criminal charges are pursued inconsistently. In some high-profile Chapter 11 reorganizations, such as that…

  • NoteVol. 103 · Iss. 5

    From Day Cares to City Halls: Prosecuting Fraud and Reforming Oversight in Federal Programs

    Abstract State agencies and local nonprofits play a critical role in addressing social problems, by administering federal programs and distributing aid. To uphold the…

  • ArticleVol. 103 · Iss. 1

    Cliff Running

    Professionals must at times make snap judgments that have profound consequences. Does a doctor perform an otherwise forbidden abortion to preserve a patient’s failing…

  • ArticleVol. 102 · Iss. 5

    Prosecutorial Reform and The Myth of Individualized Enforcement

    A new wave of reformist prosecutors has risen to power promising to transform the criminal justice system from within, sparking fierce backlash from defenders…

  • ArticleVol. 101 · Iss. 6

    Does The State Have an Obligation Not To Enforce The Law?

    Does the State have any obligation not to enforce its own law? Scholars have long debated whether and to what extent we—that is, us…

  • ArticleVol. 101 · Iss. 1

    The Prosecution Bar

    The American legal profession needs a prosecution bar. Before lawyers are permitted to appear for the government in a criminal case, they should be…

  • ArticleVol. 100 · Iss. 5

    Of Sinners & Scapegoats: The Economics Of Collective Punishment

    Abstract “[I]t is better that ten guilty persons escape than that one innocent suffer.” 4 William Blackstone, Commentaries *358. “[I]t is better that ten…

  • ArticleVol. 100 · Iss. 1

    Litigating Authority for the FDA

    Abstract The Food and Drug Administration (FDA), like most federal agencies, is a captive client. Its “lawyer,” the Department of Justice (DOJ), ultimately decides…

  • ArticleVol. 99 · Iss. 5

    Regional Immigration Enforcement

    Regional disparities in immigration enforcement have existed for decades, yet they remain largely overlooked in immigration law scholarship. This Article theorizes that bottom-up pressure…

  • ArticleVol. 99 · Iss. 2

    The Just Prosecutor

    Abstract As the most powerful actors in our criminal legal system, prosecutors have been and remain one of the principal drivers of mass incarceration.…

  • CommentaryVol. 88 · Iss. 5

    Executive Weapons to Combat Infection of the Art Market

    Over the years, the executive branch has seized Nazi loot in various ways. The seizure that launched the modern Holocaust-era art movement was that…

  • ArticleVol. 88 · Iss. 4

    Cooperation’s Cost

    This Article explores the costs and benefits of criminal cooperation, the widespread practice by which prosecutors offer criminal defendants the opportunity to receive reduced…