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Full-Text Articles in Law
Prosecutorial Conflicts Of Interest In Post-Conviction Practice, Keith Swisher
Prosecutorial Conflicts Of Interest In Post-Conviction Practice, Keith Swisher
Keith Swisher
Prosecutors, our ministers of justice, do not play by the same conflict of interest rules. All other attorneys should not, and cannot, attack their prior work in transactional or litigation matters; nor should other attorneys unquestionably represent clients in matters in which the attorneys themselves face disciplinary, civil, or criminal liability. When prosecutors have likely convicted an innocent person, however, prosecutors are asked to review their own prior work objectively and then to undo it. But they understandably suffer from a conflict between their duty to justice and their duty to themselves — their duty to seek the release of …
Does Private Enforcement Attract Excessive Litigation? Evidence From The False Claims Act, David Y. Kwok
Does Private Enforcement Attract Excessive Litigation? Evidence From The False Claims Act, David Y. Kwok
David Y Kwok
Private litigation can help correct wrongs, but the right to litigate can also be abused. The structure of the U.S. judicial system can make it difficult to determine how frequently private parties misuse litigation. Utilizing a new data set of False Claims Act litigation, I conduct a systematic evaluation of private litigation in the fraud context. I find law firms generally pursue a cooperative strategy with the Department of Justice rather than adopting abusive litigation practices. This suggests that private litigation may effectively complement public enforcement and that such litigation may be helpful in other areas of law.