Open Access. Powered by Scholars. Published by Universities.®
Articles 1 - 2 of 2
Full-Text Articles in Law
Corporate Deferred Prosecution As Discretionary Injustice, Peter Reilly
Corporate Deferred Prosecution As Discretionary Injustice, Peter Reilly
Utah Law Review
A recent federal appellate court ruling of first impression permits the resolution of allegations of serious corporate criminal wrongdoing by way of an Alternative Dispute Resolution mechanism called Deferred Prosecution, without appropriate judicial review. This Article describes why this ruling is ill-advised, and suggests how other courts might address these same legal issues while arriving at different conclusions. This Article argues that if federal prosecutors are going to continue using Deferred Prosecution Agreements (“DPAs”) in addressing allegations of corporate criminal misconduct, then that discretionary power must be confined and checked through meaningful judicial review. The overriding concern with the appellate …
The Effects Of Alternative Dispute Resolution On Access To Justice In Utah, James R. Holbrook
The Effects Of Alternative Dispute Resolution On Access To Justice In Utah, James R. Holbrook
Utah Law Review
Thousands of cases are resolved every year in Utah by private and court sponsored mediation and other ADR programs, and ADR utilization trends are moving up every year. Since 1990, over 3600 lawyers and non-lawyers have received mediator training in Utah. Clearly, ADR has a growing positive impact on access to justice in this state. However, it is just as clear that ADR by itself does not satisfy the huge and growing unmet needs of moderate-income, low-income, and poor people for dispute resolution services in this state.