| Author | Title | Citation | Summary | Year | Key Terms in Title or Summary |
| Katie R. Eyer |
PROTECTED CLASS RATIONAL BASIS REVIEW |
95 North Carolina Law Review 975 (May, 2017) |
It is commonplace today to associate rational basis review exclusively with groups that are not formally afforded heightened scrutiny under the Supreme Court's equal protection precedents: groups like gays and lesbians, people with disabilities, and undocumented immigrants. Thus, discussions of the benefits of nurturing a jurisprudence of... |
2017 |
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| Frank W. Munger , Carroll Seron |
RACE, LAW, AND INEQUALITY, 50 YEARS AFTER THE CIVIL RIGHTS ERA |
13 Annual Review of Law and Social Science 331 (2017) |
race, racism, structural inequality, persistent inequality, law, policy, discrimination, mass incarceration Over the last several decades, law and social science scholars have documented persistent racial inequality in the United States. This review focuses on mechanisms to explain this persistent pattern. We begin with policy making, a mechanism... |
2017 |
Yes |
| Jonathan Simon |
RACING ABNORMALITY, NORMALIZING RACE: THE ORIGINS OF AMERICA'S PECULIAR CARCERAL STATE AND ITS PROSPECTS FOR DEMOCRATIC TRANSFORMATION TODAY |
111 Northwestern University Law Review 1625 (2017) |
For those struggling with criminal justice reform today, the long history of failed efforts to close the gap between the promise of legal equality and the practice of our police forces and prison systems can seem mysterious and frustrating. Progress has been made in establishing stronger rights for individuals in the investigatory and... |
2017 |
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| Andrea Freeman |
RACISM IN THE CREDIT CARD INDUSTRY |
95 North Carolina Law Review 1071 (May, 2017) |
In a social and financial climate characterized by deep racial and socioeconomic divide, racism against credit card applicants and consumers is a core piece of the systemic inequality that perpetuates dramatic disparities in wealth, employment, health, and education. Over several decades, credit cards have evolved into an essential tool for lower-... |
2017 |
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| Veryl Pow |
REBELLIOUS SOCIAL MOVEMENT LAWYERING AGAINST TRAFFIC COURT DEBT |
64 UCLA Law Review 1770 (December, 2017) |
The prominence of Black Lives Matter in American society today signals the revitalization of alternative forms of participatory democracy--from localized community organizing to widespread social movements--as political expression among racial minorities. For social movement lawyers, this historical moment demands an urgent clarification as to... |
2017 |
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| Ann Cammett |
REFLECTIONS ON THE CHALLENGE OF INEZ MOORE: FAMILY INTEGRITY IN THE WAKE OF MASS INCARCERATION |
85 Fordham Law Review 2579 (May, 2017) |
The U.S. Supreme Court case Moore v. City of East Cleveland has long been celebrated as affirming constitutional rights related to family integrity. The Moore holding specifically confirmed the Court's obligation to scrutinize housing ordinances that regulate a traditional family's household composition. By comparison and extension, one might... |
2017 |
Yes |
| Leigh Goodmark |
SHOULD DOMESTIC VIOLENCE BE DECRIMINALIZED? |
40 Harvard Journal of Law & Gender 53 (Winter, 2017) |
In 1984, the United States started down a path towards the criminalization of domestic violence that it has steadfastly continued to follow. The turn to the criminal legal system to address domestic violence coincided with the rise of mass incarceration in the United States. Levels of incarceration have increased by five times during the life of... |
2017 |
Yes |
| Deborah M. Weissman |
THE COMMUNITY POLITICS OF DOMESTIC VIOLENCE |
82 Brooklyn Law Review 1479 (Summer, 2017) |
Gender violence has long been identified as a crisis of epidemic proportions that defies facile review. Despite decades of law reform, and notwithstanding increased social services and public health interventions, the rates of gender violence have not appreciably declined. Domestic violence rates have fallen at a significantly lower rate than other... |
2017 |
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| Breanne J. Palmer |
THE CROSSROADS: BEING BLACK, IMMIGRANT, AND UNDOCUMENTED IN THE ERA OF #BLACKLIVESMATTER |
9 Georgetown Journal of Law & Modern Critical Race Perspectives 99 (Spring, 2017) |
This paper discusses the detrimental, intersectional effects of immigration law and criminal law on Black immigrants, both with and without documentation. Anti-Black racism, deeply embedded in America's criminal law system, funnels Black immigrants into the criminal justice system, and subsequently into removal or other punitive immigration... |
2017 |
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| Olivia C. Jerjian |
THE DEBTORS' PRISON SCHEME: YET ANOTHER BAR IN THE BIRDCAGE OF MASS INCARCERATION OF COMMUNITIES OF COLOR |
41 New York University Review of Law and Social Change 235 (2017) |
Though officially deemed unconstitutional, the debtors' prison scheme consists of jailing low-income individuals for not being able to pay their legal financial obligations (LFOs), also known as criminal justice debt. These LFOs include fines, fees, and assessments--from traffic tickets to public defender fees. Two lawsuits, Cleveland, et al. v.... |
2017 |
Yes |
| Rebecca Roiphe |
THE DUTY TO CHARGE IN POLICE USE OF EXCESSIVE FORCE CASES |
65 Cleveland State Law Review 503 (2017) |
Responding to the problems of mass incarceration, racial disparities in justice, and wrongful convictions, scholars have focused on prosecutorial overcharging. They have, however, neglected to address undercharging--the failure to charge in entire classes of cases. Undercharging can similarly undermine the efficacy and legitimacy of the criminal... |
2017 |
Yes |
| Michael Skocpol |
THE EMERGING CONSTITUTIONAL LAW OF PRISON GERRYMANDERING |
69 Stanford Law Review 1473 (May, 2017) |
Most prisoners in the United States are counted where they are incarcerated for the purposes of legislative redistricting. This practice-- which critics label prison gerrymandering--inflates the representation of mostly white, rural prison host communities at the expense of the urban and minority communities from which prisoners... |
2017 |
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| Carrie L. Rosenbaum |
THE NATURAL PERSISTENCE OF RACIAL DISPARITIES IN CRIME-BASED REMOVALS |
13 University of Saint Thomas Law Journal 532 (Fall, 2017) |
This Article suggests that the replacement of Secure Communities with the Priority Enforcement Program (PEP) did not, and would not have ameliorated the problem of disparate criminal immigration deportation of Latina/o noncitizens. It explores the implications of de-coupling criminal and immigration enforcement and gives theoretical consideration... |
2017 |
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| Hannah Fuetsch |
THE PROGRESSIVE PROGRAMMING FACILITY: A REHABILITATIVE, COST-EFFECTIVE SOLUTION TO CALIFORNIA'S PRISON PROBLEM |
48 University of the Pacific Law Review 449 (2017) |
C1-3Table of Contents I. Introduction. 450 II. Background: How Did America's Prisons Get Here?. 451 A. Mass Incarceration: Social and Political Context. 452 1. Impact of Conditions of Confinement. 453 2. Societal Views of Prison Inmates. 455 B. Purpose of Incarceration. 456 1. Retribution. 456 2. Deterrence. 458 3. Rehabilitation. 460 III. The... |
2017 |
Yes |
| Herbert Hovenkamp |
THE PROGRESSIVES: RACISM AND PUBLIC LAW |
59 Arizona Law Review 947 (2017) |
American Progressivism initiated the beginning of the end of American scientific racism. Its critics have been vocal, however. Progressives have been charged with promotion of eugenics, and thus with mainstreaming practices such as compulsory housing segregation, sterilization of those deemed unfit, and exclusion of immigrants on racial grounds.... |
2017 |
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| Tamar R. Birckhead |
THE RACIALIZATION OF JUVENILE JUSTICE AND THE ROLE OF THE DEFENSE ATTORNEY |
58 Boston College Law Review 379 (March, 2017) |
Introduction. 381 I. The Persistence of Racial Bias Within Juvenile Justice. 394 A. Wayward Youths of the Nineteenth Century. 395 1. Evolution of the Concept of Race. 395 2. Disparate Treatment Based on Race. 398 B. Mid-Century Lads of Tender Years. 401 1. Delinquency as Contagion. 401 2. The Expansion of Children's Rights. 405 C. 1990s... |
2017 |
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| Joy Radice |
THE REINTEGRATIVE STATE |
66 Emory Law Journal 1315 (2017) |
Public concern has mounted about the essentially permanent stigma created by a criminal record. This is no small problem when the U.S. criminal history database currently stores seventy-seven million criminal records, and poor people and people of color constitute a severely disproportionate number of them. A criminal record makes it harder for... |
2017 |
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| Jennifer Bennett Shinall |
THE SUBSTANTIALLY IMPAIRED SEX: UNCOVERING THE GENDERED NATURE OF DISABILITY DISCRIMINATION |
101 Minnesota Law Review 1099 (February, 2017) |
Title I of the Americans with Disabilities Act (ADA) prohibits labor market discrimination against individuals who have an impairment that substantially limits one or more major life activities, who are regarded as having a substantial impairment, or who have a record of a substantial impairment. A substantial impairment has always been the... |
2017 |
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| Antuan M. Johnson |
TITLE IX NARRATIVES, INTERSECTIONALITY, AND MALE-BIASED CONCEPTIONS OF RACISM |
9 Georgetown Journal of Law & Modern Critical Race Perspectives 57 (Spring, 2017) |
For decades, men have sexually harassed and sexually assaulted women on college campuses with impunity. Although Title IX was passed in 1972 to provide sex equality in education, that equality still does not exist. In recent years, campus sexual assault has been recognized as a national epidemic and a manifestation of sex inequality. The U.S.... |
2017 |
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| Hannah Walker |
UNSPOKEN IMMUNITY AND REIMAGINED JUSTICE: THE POTENTIAL FOR IMPLEMENTING RESTORATIVE JUSTICE AND COMMUNITY JUSTICE MODELS IN POLICE-RELATED SHOOTINGS |
37 Pace Law Review 789 (Spring, 2017) |
On July 6, 2016, Philando Castile was shot to death during a routine traffic stop outside of Falcon Heights, Minnesota. As Officer Jeronimo Yanez approached Castile's vehicle, Castile's girlfriend began to live stream the encounter on her smart phone. The graphic footage that followed demonstrates the brutal reality Castile faced as a black man... |
2017 |
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| Osamudia R. James |
VALUING IDENTITY |
102 Minnesota Law Review 127 (November, 2017) |
Identity--race, gender, and sexuality--is having a moment, both good and bad. Black Lives Matter, a movement initiated in response to state-sanctioned violence committed against Blacks, is fueled by a demand that the lives of black people in the United States be valued and dignified. Gay, lesbian, and transgender communities have built an advocacy... |
2017 |
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| Rebecca Sharpless |
"IMMIGRANTS ARE NOT CRIMINALS": RESPECTABILITY, IMMIGRATION REFORM, AND HYPERINCARCERATION |
53 Houston Law Review 691 (Winter 2016) |
Mainstream pro-immigrant law reformers advocate for better treatment of immigrants by invoking a contrast with people convicted of a crime. This Article details the harms and limitations of a conceptual framework for immigration reform that draws its narrative force from a contrast with people-- citizens and noncitizens--who have been convicted of... |
2016 |
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| André Douglas Pond Cummings |
"LORD FORGIVE ME, BUT HE TRIED TO KILL ME": PROPOSING SOLUTIONS TO THE UNITED STATES' MOST VEXING RACIAL CHALLENGES |
23 Washington and Lee Journal of Civil Rights and Social Justice 3 (Fall, 2016) |
C1-3Table of Contents I. Introduction. 4 II. Our Most Vexing and Persistent Racial Challenges. 8 A. Police Killing of Unarmed Black Men. 10 B. Racially Disparate Mass Incarceration. 13 C. Violent Homicide of African American Young Men and Boys. 18 III. Proposing Solutions to our Most Vexing and Persistent Racial Challenges. 23 A. Ending the Police... |
2016 |
Yes |
| Elise C. Boddie |
ADAPTIVE DISCRIMINATION |
94 North Carolina Law Review 1235 (May, 2016) |
This Article critiques the assumption in constitutional law that racial discrimination is siloed, static, and time limited. It argues instead that discrimination is systemic, dynamic, and intergenerational due to its adaptive nature. The Article sets forth a theory of adaptive discrimination--that discrimination adapts to law and to social norms... |
2016 |
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| Yoshinori H. T. Himel |
AMERICANS' MISUSE OF "INTERNMENT" |
14 Seattle Journal for Social Justice 797 (Spring, 2016) |
In any age, careful users of language will make distinctions; careless users of language will blur them. Many Americans have used the word internment to denote World War II's civil liberties calamity of mass, race-based, nonselective forced removal and incarceration of well over 110,000 Japanese American civilians, most of them American citizens.... |
2016 |
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| Anthony A. Braga |
BETTER POLICING CAN IMPROVE LEGITIMACY AND REDUCE MASS INCARCERATION |
129 Harvard Law Review Forum 233 (March, 2016) |
Recent events in Ferguson, New York City, Chicago, and elsewhere in the United States have exposed rifts in the relationships between the police and the communities they protect and serve. These incidents have damaged police legitimacy by promoting perceptions among community members that police do not play an appropriate role in making and... |
2016 |
Yes |
| Ann Cammett |
CONFRONTING RACE AND COLLATERAL CONSEQUENCES IN PUBLIC HOUSING |
39 Seattle University Law Review 1123 (Summer, 2016) |
C1-2Contents Introduction. 1124 I. Race-Based Discrimination in Housing: An American History. 1125 A. Private Discrimination. 1126 B. State-Sponsored Discrimination. 1128 C. The Fair Housing Acts. 1131 D. The High Cost of Race Discrimination in Housing. 1132 II. Collateral Damage: The Racial Impact of Mass Criminalization in Public Housing. 1135 A.... |
2016 |
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| Richard Delgado , Jean Stefancic |
CRITICAL PERSPECTIVES ON POLICE, POLICING, AND MASS INCARCERATION |
104 Georgetown Law Journal 1531 (August, 2016) |
C1-2Table of Contents Introduction. 1532 I. The New Jim Crow on Police and Policing. 1535 II. Imprisoned in a Black-White Paradigm of Race: Recent Scholarship That Fails to Take Account of a Police State. 1536 a. many jim crows: considering the experience of nonblack minority groups. 1537 b. responding to oppression: noticing alignments, crafting... |
2016 |
Yes |
| M. Eve Hanan |
DECRIMINALIZING VIOLENCE: A CRITIQUE OF RESTORATIVE JUSTICE AND PROPOSAL FOR DIVERSIONARY MEDIATION |
46 New Mexico Law Review 123 (Winter, 2016) |
The movement to reduce over-prosecution and mass incarceration has focused almost exclusively on non-violent offenders despite data showing that over half of all prisoners incarcerated within the United States are sentenced for crimes of violence. As a consequence of the focus on nonviolent offenses, the majority of current and future defendants... |
2016 |
Yes |
| Andrés Dae Keun Kwon |
DEFENDING CRIMINAL(IZED) "ALIENS" AFTER PADILLA: TOWARD A MORE HOLISTIC PUBLIC IMMIGRATION DEFENSE IN THE ERA OF CRIMMIGRATION |
63 UCLA Law Review 1034 (May, 2016) |
The unprecedented U.S. system of mass incarceration and the intensifying merging of criminal and immigration law have devastated individuals, families, and entire communities, especially poor communities of color. Noncitizens who come into contact with the criminal justice system are too often stripped of even the slightest chance of reintegration;... |
2016 |
Yes |
| Placido G. Gomez , Sajdah Bryant , Khalif Jackson |
EAGLE DANCERS; OSCAR WILDE; MOON BOOTS AND SKIN DIVERS: THE MAXIMUM SENTENCE, IF CONVICTED, IS TEN MINUTES WITH THE VICTIM, OR A FINE OF FIFTEEN COWS, OR BOTH |
37 University of La Verne Law Review 305 (Spring 2016) |
Eagle Dancers. 306 Oscar Wilde. 307 Moon Boots and Skin Divers. 311 Colorado v. Darrell Woody. 312 Texas v. Albert Ramirez. 314 |
2016 |
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| Senator Cory A. Booker , Roscoe Jones, Jr. |
FOREWORD |
10 Harvard Law & Policy Review 3 (Winter, 2016) |
The Harvard Law & Policy Review has chosen an important and timely topic for this issue on Policing in America on the 50th Anniversary of Miranda v. Arizona, the subject of which celebrates the golden anniversary of one of the most well-known and influential legal decisions of the twentieth century. That decision sparked a criminal justice reform... |
2016 |
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| Steven W. Bender |
FOREWORD: NOW, MORE THAN EVER: REFLECTIONS ON LATCRIT AT TWENTY |
10 Charleston Law Review 173 (Fall, 2016) |
INTRODUCTION. 173 I. THE LONG ROAD TOWARD AN ANTISUBORDINATION FUTURE. 175 II. RACIAL CAMPUS UNREST AS A BAROMETER OF SUBORDINATION. 184 III. SURVEY OF SYMPOSIUM CONTRIBUTIONS. 189 IV. CONCLUSION. 193 |
2016 |
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| Steven W. Bender |
FOREWORD: NOW, MORE THAN EVER: REFLECTIONS ON LATCRIT AT TWENTY |
37 Whittier Law Review 335 (Spring, 2016) |
More than twenty years ago, as an untenured law professor, I flew to Puerto Rico to participate in a 1995 colloquium on Latinas/os and critical race theory. Sponsored by the Latino Law Professor section of the Hispanic National Bar Association, the event was part of the HNBA's annual meeting. Seated together in front of me on the plane for the... |
2016 |
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| Donald F. Tibbs , Shelly Chauncey |
FROM SLAVERY TO HIP-HOP: PUNISHING BLACK SPEECH AND WHAT'S "UNCONSTITUTIONAL" ABOUT PROSECUTING YOUNG BLACK MEN THROUGH ART |
52 Washington University Journal of Law & Policy 33 (2016) |
Writing rap lyrics--even disturbingly graphic lyrics, like defendant's--is not a crime. Our criminal justice system is in an existential and constitutional crisis. We no longer know who we are or who we want to be. Over the past two decades, America has waged an increasingly punitive war on crime, and the casualties of that war have... |
2016 |
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| Camille A. Nelson |
FRONTLINES: POLICING AT THE NEXUS OF RACE AND MENTAL HEALTH |
43 Fordham Urban Law Journal 615 (April, 2016) |
The last several years have rendered issues at the intersection of race, mental health, and policing more acute. The frequency and violent, often lethal, nature of these incidents is forcing a national conversation about matters which many people would rather cast aside as volatile, controversial, or as simply irrelevant to conversations about the... |
2016 |
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| George A. Martínez |
FURTHER THOUGHTS ON RACE, AMERICAN LAW, AND THE STATE OF NATURE: ADVANCING THE MULTIRACIAL PARADIGM SHIFT AND SEEKING PATTERNS IN THE AREA OF RACE AND LAW |
85 UMKC Law Review 105 (Fall, 2016) |
Philosophy reveals what is hidden. It discloses or makes things comprehensible or understandable. In my article on Race, American Law and the State of Nature, I have sought to use philosophical theory-- state of nature theory--as a way to understand American law and issues of race. Philosophical state of nature theory reveals or discloses what is... |
2016 |
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| Benjamin Levin |
GUNS AND DRUGS |
84 Fordham Law Review 2173 (April, 2016) |
This Article argues that the increasingly prevalent critiques of the War on Drugs apply to other areas of criminal law. To highlight the broader relevance of these critiques, this Article uses as its test case the criminal regulation of gun possession. This Article identifies and distills three lines of drug war criticism and argues that they apply... |
2016 |
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| Eric Anthony DeBellis , Senior Executive Editor, Ecology Law Quarterly |
IMPLEMENTING SUPPLEMENTAL ENVIRONMENTAL PROJECT POLICIES TO PROMOTE RESTORATIVE JUSTICE |
3/14/2016 Georgetown Environmental Law Review Online 1 (March 14, 2016) |
The overwhelming majority of environmental enforcement actions settle out of court, but overlooking settlements as merely a mechanical means to save time and court costs is a mistake. An agency's approach to settlement has tremendous environmental justice implications that go largely unnoticed. In a traditional enforcement settlement model, the... |
2016 |
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| Avlana K. Eisenberg |
INCARCERATION INCENTIVES IN THE DECARCERATION ERA |
69 Vanderbilt Law Review 71 (January, 2016) |
After forty years of skyrocketing incarceration rates, there are signs that a new decarceration era may be dawning; the prison population has leveled off and even slightly declined. Yet, while each branch of government has taken steps to reduce the prison population, the preceding decades of mass incarceration have empowered interest groups that... |
2016 |
Yes |
| Mariela Olivares |
INTERSECTIONALITY AT THE INTERSECTION OF PROFITEERING & IMMIGRATION DETENTION |
94 Nebraska Law Review 963 (2016) |
I. Introduction. 963 II. The Road to and Realities of Immigrant Detention. 966 A. The Origins of Immigrant Detention. 967 B. A Snapshot of Detention. 973 III. The Commodification of Immigrants. 976 A. The Prison Business. 977 B. The Prison Industry Discovers the Price of Immigrants. 985 IV. At the Crossroads--Intersectionality at the... |
2016 |
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| Alexi Nunn Freeman , Jim Freeman |
IT'S ABOUT POWER, NOT POLICY: MOVEMENT LAWYERING FOR LARGE-SCALE SOCIAL CHANGE |
23 Clinical Law Review 147 (Fall, 2016) |
This article presents a critical reflection on the disconnect between conventional legal training and the skills needed by lawyers to support low-income communities of color, among others, in addressing U.S. systems of oppression. It is intended to assist aspiring movement lawyers in developing their capacity to align their strategic and tactical... |
2016 |
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| Patricia Hagler Minter |
LAW, CULTURE, AND HISTORY: THE STATE OF THE FIELD AT THE INTERSECTIONS |
56 American Journal of Legal History 139 (March, 2016) |
This article considers the current state of the field of legal history within an intersectional framework. It also examines how legal historians address questions of exclusion and inclusion in American legal culture, focusing on scholarship at the intersection of legal and cultural history. Finally, this article suggests ways that future scholars... |
2016 |
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| Brett Dignam |
LEARNING TO COUNTER MASS INCARCERATION |
48 Connecticut Law Review 1217 (May, 2016) |
Limited access to education inside American prisons imposes a devastating condition of confinement that cripples both the offender and the community. The prolonged and empty time that characterizes prison today affords little mental stimulation, productive engagement, or preparation for post-release employment. Recent research and analysis has... |
2016 |
Yes |
| Judith Colenback Savage |
LET US LIVE WITH ALL THE PEOPLE |
21 Roger Williams University Law Review 219 (Spring 2016) |
Let us celebrate justice. Fair justice. Better justice. Justice for all. The kind of justice about which Eleanor Roosevelt spoke: Justice that cannot be for one side alone but must be for both. The moral imperative of our time. Let us also celebrate a law school that is carrying out a mission so prized by Justice Louis D. Brandeis a century ago... |
2016 |
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| Nicole P. Dyszlewski, Lucinda Harrison-Cox, Raquel Ortiz |
MASS INCARCERATION: AN ANNOTATED BIBLIOGRAPHY |
21 Roger Williams University Law Review 471 (Spring 2016) |
The term mass incarceration has been used to describe America's contemporary hyper-incarceration or over-incarceration phenomenon. Those readers who were fortunate enough to attend the 2015 Roger Williams University School of Law Symposium, Sounding the Alarm on Mass Incarceration: Moving Beyond the Problem and Toward Solutions, had the... |
2016 |
Yes |
| Yolanda Vázquez |
NOTHING IS EVER BLACK & WHITE: THE CRIMINAL JUSTICE SYSTEM AND ITS EXPANSION INTO "CRIMINAL ALIEN" ENFORCEMENT |
21 Public Interest Law Reporter 110 (Spring, 2016) |
The criminal justice system is particularly skewed by race and by wealth -Barack Obama On July 14, 2015, President Barack Obama addressed the audience at the NAACP's 106th National Convention to discuss the stark racial and economic disparities that have existed in the U.S. criminal justice system for almost five decades. Recognizing that these... |
2016 |
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| Sandeep Gopalan , Mirko Bagaric |
PROGRESSIVE ALTERNATIVES TO IMPRISONMENT IN AN INCREASINGLY PUNITIVE (AND SELF-DEFEATING) SOCIETY |
40 Seattle University Law Review 57 (Fall, 2016) |
C1-2Contents Introduction. 58 I. The Current Picture of Imprisonment: Numbers, Dollars, and Harshness. 62 II. Doctrinal Framework for Developing New Criminal Sanctions. 69 A. Punishment: The Infliction of a Hardship. 69 B. Punishment Should Also Be Efficient and Not Violate Important Moral Limits. 71 III. New Forms of Sanctions. 73 A. Opening the... |
2016 |
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| Eisha Jain |
PROSECUTING COLLATERAL CONSEQUENCES |
104 Georgetown Law Journal 1197 (June, 2016) |
Criminal law scholars have long agreed that prosecutors wield vast and largely unreviewable discretion in the criminal justice system. This Article argues that this discretion now extends beyond criminal penalties and broadly reaches civil public policy decisions, such as deportation and licensing. As a result of ubiquitous plea bargaining and... |
2016 |
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| Bruce Green , Ellen Yaroshefsky |
PROSECUTORIAL ACCOUNTABILITY 2.0 |
92 Notre Dame Law Review 51 (November, 2016) |
There is an epidemic of Brady violations abroad in the land. Only judges can put a stop to it. Given prosecutors' extraordinary power, it is important that they be effectively regulated and held accountable for misconduct. Although prosecutors perceive that they are in fact well-regulated, if not over-regulated, public complaints about... |
2016 |
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