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Full-Text Articles in Legal Profession

A Fiduciary Theory Of Progressive Prosecution, Bruce Green, Rebecca Roiphe Oct 2023

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 Jan 2023

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 Jan 2021

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 Feb 2020

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 Jan 2020

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 Jan 2020

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 Jan 2020

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 Jan 2011

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 Jan 2011

In Re Steven J. Lever, Stephanie A. Ackerman

NYLS Law Review

No abstract provided.


Shutting Off The School-To-Prison Pipeline For Status Offenders With Education-Related Disabilities, Joseph B. Tulman, Douglas M. Weck Jan 2010

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 Jan 2008

The Giuliani Years: Corporation Counsel 1994–1997, Paul A. Crotty

NYLS Law Review

No abstract provided.


United States V. Grier, Lyndsay V. Ruotolo Jan 2008

United States V. Grier, Lyndsay V. Ruotolo

NYLS Law Review

No abstract provided.


The New York City Corporation Counsel: The Best Legal Job In America, Michael A. Cardozo Jan 2008

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 Jan 2007

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 Jan 2004

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 Jan 2004

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 Apr 1998

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 Jan 1989

Federal Criminal Appellate Practice In The Second Circuit, Roger J. Miner '56

Federal Courts and Federal Practice

No abstract provided.