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Full-Text Articles in Law
Prosecutorial Discretion, Substantial Assistance, And The Federal Sentencing Guidelines, Cynthia Lee
Prosecutorial Discretion, Substantial Assistance, And The Federal Sentencing Guidelines, Cynthia Lee
GW Law Faculty Publications & Other Works
In this Article, Professor Lee examines the government motion requirement for substantial assistance departures in light of Congress's goals for implementing the federal sentencing guidelines. In Part One, Lee discusses the government motion requirement against the backdrop of the goals Congress had in mind when it enacted the federal sentencing guidelines. She points out that while Congress enacted the sentencing guidelines to promote uniformity and proportionality (an "equality value") and honesty and certainty (a "reliance value") in sentencing, the government motion requirement gives prosecutors the unilateral authority to block downward departures for substantial assistance. This increase in prosecutorial sentencing discretion …
Institutional Misfits: The Gatt, The Icj & Trade-Environment Disputes, Jeffrey L. Dunoff
Institutional Misfits: The Gatt, The Icj & Trade-Environment Disputes, Jeffrey L. Dunoff
Michigan Journal of International Law
The central thesis of this article is that neither trade bodies, like the GATT or NAFTA, nor adjudicatory bodies, like the ICJ or the proposed International Court for the Environment, ought to resolve these issues. Instead, trade-environment conflicts should be heard before an institution that recognizes the interdependent nature of global economic and environmental issues and that has a mandate to advance both economic development and environmental protection. This body should have ready access to the scientific and technical expertise that would enable it to resolve trade-environment disputes knowledgeably. It should possess tools to encourage nations to comply with its …