The United States today suffers from too much criminal law and too much punishment. Husak describes the phenomena in some detail and explores their relation, and why these …
Federal courts have long employed substantive canons of construction to interpret federal statutes. Some substantive canons express a rule of thumb for choosing between equally …
Enforcement discretion-the authority to turn a blind eye to legal violations-is central to the operation of both the federal criminal justice system and the administrative state. Yet its …
This Article offers the first close study of statutory interpretation in several state courts of last resort. While academics have spent the past decade speculating about the" death of …
BA Green, R Roiphe - J. Crim. L. & Criminology, 2020 - HeinOnline
1 Mark Berman, These Prosecutors Won Office Vowing to Fight the System. Now, the System Is Fighting Back., WASH. POST(Nov. 9, 2019, 4: 52 PM), https://www. washingtonpost …
Much has been made of an" innocence problem" in plea bargaining.'Even scholars who view plea bargaining as systemically positive nevertheless propose reforms to limit access …
Do the Erie Doctrine and its" reverse-Erie" mirror require state and federal courts to apply one another's statutory interpretation methodologies when they interpret one another's …
DC Richman, WJ Stuntz - Colum. L. Rev., 2005 - HeinOnline
Most analyses of pretextual prosecutions-cases in which prosecutors target defendants based on suspicion of one crime but prosecute them for another, lesser crime-focus on the …
Though traditionally criminal law did not reach into the home to punish domestic violence, today such intervention in the home is well accepted and steadily growing. Because we all …