Topic
Prosecutorial Discretion
Posts
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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…
Alexander Gouzoules -
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…
Ethan Kadet -
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…
Dov Fox & William Ortman -
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…
Justin Murray -
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…
W. Robert Thomas -
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…
William Ortman -
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…
J. Shahar Dillbary & Thomas J. Miceli -
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…
C. Joseph Ross Daval -
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…
Fatma Marouf -
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.…
Brandon Hasbrouck -
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…
Jennifer Anglim Kreder -
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…
Miriam Hechler Baer