Open Access. Powered by Scholars. Published by Universities.®
Articles 1 - 2 of 2
Full-Text Articles in Law
Justice At The Department Of Justice, William D. Corriher
Justice At The Department Of Justice, William D. Corriher
William D Corriher
The paper discusses the continuing impact of two controversial actions by the Bush administration’s Department of Justice: the OLC’s enabling of torture and the policitization of federal prosecutions. The paper critiques several proposals for reform, including an independent Department of Justice, a “Truth Commission” to investigate the Bush administration, and new statutes governing the Department and its relationship with the President. The paper argues that an independent Department would likely be ruled unconstitutional under separation-of-powers principles. The paper concludes that the goal of any reform should be to ensure transparency in executive branch actions. While a “Truth Commission” can guarantee …
Honest Services And Dishonest Prosecutions, William D. Corriher
Honest Services And Dishonest Prosecutions, William D. Corriher
William D Corriher
The paper discusses Skilling v. United States, the recent Supreme Court case involving 18 U.S.C. § 1346, the federal statute prohibiting 'honest services" fraud. It begins by discussing the history of this form of fraud, from its origin in case law to its statutory form to the new definition articulated in Skilling. The background section goes on to discuss recent prosecutions under the statute, both corporate corruption cases and politically motivated prosecutions of public officials. The analysis section argues that it was inappropriate for the Skilling Court to redefine honest services fraud, because such a revision of a federal crime …