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Full-Text Articles in Law
Paying Women For Their Eggs For Use In Stem Cell Research, Pamela Foohey
Paying Women For Their Eggs For Use In Stem Cell Research, Pamela Foohey
Pace Law Review
No abstract provided.
Bad Faith Exception To Prosecutorial Immunity For Brady Violations, Bennett L. Gershman
Bad Faith Exception To Prosecutorial Immunity For Brady Violations, Bennett L. Gershman
Elisabeth Haub School of Law Faculty Publications
Part I of this Article discusses Imbler’s adoption of absolute immunity for prosecutors. Part II discusses Imbler’s extension of absolute immunity to a prosecutor’s violation of his disclosure duty under Brady v. Maryland. Part III describes the ease with which prosecutors are able to evade the Brady rule and the difficulty of enforcing compliance with Brady. Part IV discusses the absence of any meaningful sanctions to deter and punish prosecutors for willful violations of Brady. Part V proposes a bad faith exception to absolute immunity of prosecutors for Brady violations.
Director Liability For Corporate Crimes: Lawyers As Safe Haven?, John A. Humbach
Director Liability For Corporate Crimes: Lawyers As Safe Haven?, John A. Humbach
Elisabeth Haub School of Law Faculty Publications
The fines and penalties assessed against corporations are running into the billions of dollars each year. Part of the reason is that the managers and employees of entrepreneurial organizations have inherent incentives to engage in conduct that exposes the entity to fines and penalties. This article considers the legal bases for shifting these law-enforcement losses back to directors who are actively involved in creating them, either because they approved or they deliberately ignored the corporation’s legal or regulatory violations (Part II). It then examines bases for shifting these losses back to directors even when their involvement in the non-compliance is …
“Hard Strikes And Foul Blows”: Berger V. United States 75 Years After, Bennett L. Gershman
“Hard Strikes And Foul Blows”: Berger V. United States 75 Years After, Bennett L. Gershman
Elisabeth Haub School of Law Faculty Publications
My essay examines one of the most iconic decision of the Supreme Court seventy five years later. Berger v. United States is the most eloquent and authoritative description of the prosecutor's duty "not that it shall win a case but that justice shall be done." My essay looks at why the Court decided to take up the case then, and why it has become so prominent in criminal law and ethics.