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Specific Performance Of "Unfulfillable" Plea Bargains, Stuart L. Gasner
Specific Performance Of "Unfulfillable" Plea Bargains, Stuart L. Gasner
University of Michigan Journal of Law Reform
This article discusses how courts have handled the remedy dilemma presented by unfulfillable plea bargains. Part I analyzes the seminal Supreme Court opinion on the broken plea bargain question, Santobello v. New York. This section concludes that choice-of-remedy is not entirely a matter of lower court discretion. Rather, Santobello delegates to lower courts the authority to develop a law of remedies which conforms to the underlying principles of that decision. Part I also focuses on what courts have done with this mandate, discussing the elements of decision courts have developed to remedy unfulfillable plea bargains. Finally, Part II suggests …
The Foreign Intelligence Surveillance Act: Legislating A Judicial Role In National Security Surveillance, Michigan Law Review
The Foreign Intelligence Surveillance Act: Legislating A Judicial Role In National Security Surveillance, Michigan Law Review
Michigan Law Review
This Note evaluates the constitutionality of the Foreign Intelligence Surveillance Act. Section I summarizes the legal history of national security surveillance from 1940 until the passage of the FISA, and briefly discusses the three major circuit court rulings on warrantless foreign intelligence surveillance. Section II describes the provisions of the Act. Section III examines the Act's constitutionality, first considering the scope of congressional authority to regulate the conduct of foreign affairs, then considering whether the political question doctrine prevents judicial scrutiny of executive decisions to conduct foreign intelligence surveillance. The Note concludes that the FISA is an appropriate and constitutional …