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The Good, The Bad, And The Frivolous Case: An Essay On Probability And Rule 11, Charles M. Yablon
The Good, The Bad, And The Frivolous Case: An Essay On Probability And Rule 11, Charles M. Yablon
Articles
This essay begins by asking why lawyers bring frivolous cases, cases which, under the standard definitions of frivolousness, have no chance of success and should never have been brought. Rejecting the usual answers of lawyer stupidity and greed, it offers a different view of the frivolous case --that most of the cases that have been challenged and sanctioned in recent years under Rule 11 were brought by lawyers bringing cases they reasonably believed had a low (but not zero) probability of success. This provides a more plausible explanation for wy lawyers persist in bringing such cases, since they are essentially …
Just Deserts And Lenient Prosecutors: The Flawed Case For Real--Offense Sentencing, David Yellen
Just Deserts And Lenient Prosecutors: The Flawed Case For Real--Offense Sentencing, David Yellen
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No abstract provided.
Civil Forfeiture And The War On Drugs: Lessons From Economics And History, Donald J. Boudreaux, Adam C. Pritchard
Civil Forfeiture And The War On Drugs: Lessons From Economics And History, Donald J. Boudreaux, Adam C. Pritchard
Articles
This Article uses economic analysis to show how civil forfeiture’s role in the war on drugs creates contrary incentives for law enforcement officials and encourages abuses. The Article then reviews the history of civil forfeiture and the Supreme Court’s forfeiture jurisprudence, which seems incoherent. The Authors warn that the judiciary should be skeptical of civil forfeiture and its importance to the war on drugs. The Article proposes a constitutional framework, grounded in economics and history, to limit forfeiture abuses.