Topic
Prosecutorial Discretion
Posts
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ArticleVol. 88 · Iss. 4
Disentangling Child Pornography from Child Sex Abuse
Recent years have seen a significant increase in the criminal penalties associated with possession of child pornography. The new severity appears to be premised…
Carissa Byrne Hessick -
ArticleVol. 87 · Iss. 1
The Next Innocence Project: Shaken Baby Syndrome and the Criminal Courts
Every year in this country, hundreds of people are convicted of having shaken a baby, most often to death. In a prosecution paradigm without…
Deborah Tuerkheimer -
NoteVol. 94 · Iss. 5
Wrongly “Identified”: Why an Actual Knowledge Standard Should Govern Health Care Providers’ False Claims Act Obligations to Report and Return Medicare and Medicaid Overpayments
In 2015, Medicare spent $632 billion on health care for America’s elderly (and other covered groups). Medicaid spent another $554 billion to provide health…
Nicholas J. Goldin -
ArticleVol. 94 · Iss. 4
Prosecutorial Analytics
The institution of the prosecutor has more power than any other in the criminal justice system. What is more, prosecutorial power is often unreviewable…
Jason Kreag -
ArticleVol. 95 · Iss. 3
Deportation Deadline
Deadlines regulate nearly all facets of life. In U.S. law, deadlines control the timeliness of a claim in the forms of statutes of limitations…
Andrew Tae-Hyun Kim -
ArticleVol. 96 · Iss. 5
Second-Best Criminal Justice
Criminal procedure reform can be understood as a “second-best” enterprise. The general theory of second best applies where an ingredient necessary for a “first-best”…
William Ortman -
ArticleVol. 93 · Iss. 6
Unraveling Unlawful Command Influence
Military commanders are not just officers leading soldiers into battle. In the military justice system, they also serve quasi-prosecutorial roles and decide what charges…
Monu Bedi -
ArticleVol. 92 · Iss. 6
Asymmetry as Fairness: Reversing a Peremptory Trend
A recent Ninth Circuit decision, prohibiting peremptory challenges on the basis of sexual orientation, reveals the continuing evolution of the Batson doctrine. Meanwhile, contrary…
Anna Roberts -
CommentaryVol. 92 · Iss. 4
A Taxonomy of Discretion: Refining the Legality Debate About Obama’s Executive Actions on Immigration
With immigration reform stymied in Congress, broad executive action has been President Obama’s signature contribution to American immigration policy. These measures have drawn allegations…
Michael Kagan -
ArticleVol. 92 · Iss. 4
Legalization Conflicts and Reliance Defenses
This Article addresses an open question of pressing practical import—whether people and businesses operating in the shadow of a legalization conflict have a reliance…
Mary D. Fan -
NoteVol. 91 · Iss. 5
A Change in the Environment of Plea Bargaining: Using the Inspiration of Administrative Procedural Safeguards Like NEPA to Add Process Protections
Plea bargaining has evolved into the most prominent way criminal justice is administered in the United States today, even though it is met with…
Jared R. Jedick -
CommentaryVol. 91 · Iss. 4
Breaking Bad? Too-Big-To-Fail Banks Not Guilty As Not Charged
Since the 2008 financial crisis, rating agencies, regulators, global organizations, and academics have argued that large banks receive significant competitive advantages because the market…
Nizan Geslevich Packin