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Articles 1 - 18 of 18
Full-Text Articles in Legal Profession
A Fiduciary Theory Of Progressive Prosecution, Bruce Green, Rebecca Roiphe
A Fiduciary Theory Of Progressive Prosecution, Bruce Green, Rebecca Roiphe
Articles & Chapters
Progressive prosecutors differ from their more traditional counterparts primarily in the way in which they make decisions. They tend to bind their discretion by announcing categorical policies rather than making fact-based decisions case by case. This article catalogs the unusual degree of pushback progressive prosecutors have encountered from the public, legislatures, courts, police, and their own subordinate prosecutors. Drawing on fiduciary theory, it explains this reaction as a response to progressive prosecutors’ abdication of their fiduciary role. As a public fiduciary, prosecutors are entrusted with protecting the public’s abstract interest in justice, and an integral part of this role is …
Depoliticizing Federal Prosecution, Bruce Green, Rebecca Roiphe
Depoliticizing Federal Prosecution, Bruce Green, Rebecca Roiphe
Articles & Chapters
There is broad agreement that federal prosecutors should not use their power to pursue partisan political objectives, but there is stark disagreement about how to prevent them from abusing their power in this way. Geoffrey Berman, a former United States Attorney for the Southern District of New York, recently argued that U.S. Attorneys should have complete autonomy and independence from the Attorney General and administration. Attorney General Bill Barr, in contrast, has insisted that Attorneys General should have full control over prosecutors so the administration can be held politically accountable. Neither view fully addresses the problem. Barr minimizes the significant …
Access Denied: How 28 U.S.C. Sec. 1915(G) Violates The First Amendment Rights Of Indigent Prisoners, Molly Guptill Manning
Access Denied: How 28 U.S.C. Sec. 1915(G) Violates The First Amendment Rights Of Indigent Prisoners, Molly Guptill Manning
Articles & Chapters
No abstract provided.
A Fiduciary Theory Of Prosecution, Bruce A. Green, Rebecca Roiphe
A Fiduciary Theory Of Prosecution, Bruce A. Green, Rebecca Roiphe
Articles & Chapters
Scholars have failed to arrive at a unifying theory of prosecution, one that explains the complex role that prosecutors play in our democratic system. This Article draws on a developing body of legal scholarship on fiduciary theory to offer a new paradigm that grounds prosecutors’ obligations in their historical role as fiduciaries. Casting prosecutors as fiduciaries clarifies the prosecutor’s obligation to seek justice, focuses attention on the duties of care and loyalty, and prioritizes criminal justice considerations over other public policy interests in prosecutorial charging and plea-bargaining decisions. As fiduciaries, prosecutors are required to engage in an explicit deliberative process …
Through The Lens Of Restorative Justice: A Re-Humanizing, Susan Abraham
Through The Lens Of Restorative Justice: A Re-Humanizing, Susan Abraham
NYLS Law Review
No abstract provided.
Restorative Prosecution? Rethinking Responses To Violence, Olivia Dana, Sherene Crawford
Restorative Prosecution? Rethinking Responses To Violence, Olivia Dana, Sherene Crawford
NYLS Law Review
No abstract provided.
Learning To Heal: Integrating Restorative Justice Into Legal Education, Natasha S. Vedananda
Learning To Heal: Integrating Restorative Justice Into Legal Education, Natasha S. Vedananda
NYLS Law Review
No abstract provided.
People V. Guardino: Examined On Appeal In People V. Hecker, Luna Droubi
People V. Guardino: Examined On Appeal In People V. Hecker, Luna Droubi
NYLS Law Review
No abstract provided.
In Re Steven J. Lever, Stephanie A. Ackerman
Shutting Off The School-To-Prison Pipeline For Status Offenders With Education-Related Disabilities, Joseph B. Tulman, Douglas M. Weck
Shutting Off The School-To-Prison Pipeline For Status Offenders With Education-Related Disabilities, Joseph B. Tulman, Douglas M. Weck
NYLS Law Review
No abstract provided.
The Giuliani Years: Corporation Counsel 1994–1997, Paul A. Crotty
The Giuliani Years: Corporation Counsel 1994–1997, Paul A. Crotty
NYLS Law Review
No abstract provided.
United States V. Grier, Lyndsay V. Ruotolo
The New York City Corporation Counsel: The Best Legal Job In America, Michael A. Cardozo
The New York City Corporation Counsel: The Best Legal Job In America, Michael A. Cardozo
NYLS Law Review
No abstract provided.
A Necessary And Proper Role For Federal Courts In Prison Reform: The Benjamin V. Malcolm Consentdecrees, Harold Baer Jr., Arminda Bepko
A Necessary And Proper Role For Federal Courts In Prison Reform: The Benjamin V. Malcolm Consentdecrees, Harold Baer Jr., Arminda Bepko
NYLS Law Review
No abstract provided.
Standards Of Evidence In Administrative Proceedings, William H. Kuenhle
Standards Of Evidence In Administrative Proceedings, William H. Kuenhle
NYLS Law Review
No abstract provided.
Justice Still Fails: A Review Of Recent Efforts To Compensate Individuals Who Have Been Unjustly Convicted And Later Exonerated, Adele Bernhard
Justice Still Fails: A Review Of Recent Efforts To Compensate Individuals Who Have Been Unjustly Convicted And Later Exonerated, Adele Bernhard
Articles & Chapters
With this Article, I hope to motivate state legislators to enact responsible, practical compensation statutes and encourage courts to entertain state law and civil rights claims brought by those who have been unjustly convicted and later exonerated. I begin by looking at the reasons for enacting compensation statutes: uniformity, practicality, popular support, and fairness. Next, I dissect the arguments raised by opponents. Finally, I turn to recent judicial decisions hinting that courts may be stepping in where legislatures fear to tread.
Private Bar Monitors Public Defense - Oversight Committee Sets Standards For Indigent Defense Providers, Adele Bernhard
Private Bar Monitors Public Defense - Oversight Committee Sets Standards For Indigent Defense Providers, Adele Bernhard
Articles & Chapters
The oversight committee drafted standards and guidelines with the primary goal of creating a yardstick for defense services organizations against which to measure performance and the hope that a practical set of standards serve multiple purposes, including: educating a skeptical public about what it takes to provide quality defense services; promoting an understanding of why adequate funding is necessary (to engender public support for more spending); and providing notice to the organizations themselves of what is expected of a publicly funded defense office.
Federal Criminal Appellate Practice In The Second Circuit, Roger J. Miner '56
Federal Criminal Appellate Practice In The Second Circuit, Roger J. Miner '56
Federal Courts and Federal Practice
No abstract provided.