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Full-Text Articles in Law
Fraudulent Malattributed Comments In Agency Rulemaking, Michael Herz
Fraudulent Malattributed Comments In Agency Rulemaking, Michael Herz
Articles
A specter is haunting notice-and-comment rulemaking—the specter of fraudulent comments. The stand-out example—the apotheosis—was the Federal Communications Commission’s (FCC) net neutrality rulemaking in 2017. Well over twenty million comments were submitted, but millions of those were highly suspect. It turns out only about 800,000 of those comments were unique—that is, not written by a computer and not a pre-written form letter or variation thereof. And of the rest, perhaps half were submitted by computers (bots) using fictitious names or the names of real people, living and dead, who had no connection to the comment.
Strategies For Emergency Release Of Incarcerated People During Covid-19 Outbreak, Sara Alvarez, Andrew Kopke, Mariel Stein, Meg Tiley
Strategies For Emergency Release Of Incarcerated People During Covid-19 Outbreak, Sara Alvarez, Andrew Kopke, Mariel Stein, Meg Tiley
Articles
Students in Cardozo's Criminal Defense Clinic partnered with the Office of the Appellate Defender to outline legal strategies to advocate for the release of incarcerated people who are vulnerable to harm from COVID-19.
Prosecutorial Declination Statements, Jessica A. Roth
Prosecutorial Declination Statements, Jessica A. Roth
Articles
This Article examines how prosecutors convey to various audiences their decisions not to charge in discrete cases. Although prosecutors regularly issue public statements about their declinations—and anecdotal evidence suggests that declination statements are on the rise—there is an absence of literature discussing the interests that such statements serve, the risks that they pose, and how such statements are consistent with the prosecutorial function. Prosecutors also operate in this space without clear ground rules set by law, policies, or professional standards. This Article attempts to fill that void. First, it theorizes the interests potentially advanced by such statements—characterized as signaling, accountability, …