Open Access. Powered by Scholars. Published by Universities.®

Legal Profession Commons

Open Access. Powered by Scholars. Published by Universities.®

Articles 1 - 5 of 5

Full-Text Articles in Legal Profession

The Detainees' Dilemma: The Virtues And Vices Of Advocacy Strategies In The War On Terror, Peter Margulies Apr 2009

The Detainees' Dilemma: The Virtues And Vices Of Advocacy Strategies In The War On Terror, Peter Margulies

Law Faculty Scholarship

No abstract provided.


Prosecutorial Regulation Versus Prosecutorial Accountability, Stephanos Bibas Apr 2009

Prosecutorial Regulation Versus Prosecutorial Accountability, Stephanos Bibas

All Faculty Scholarship

No government official has as much unreviewable power or discretion as the prosecutor. Few regulations bind or even guide prosecutorial discretion, and fewer still work well. Most commentators favor more external regulation by legislatures, judges, or bar authorities. Neither across-the-board legislation nor ex post review of individual cases has proven to be effective, however. Drawing on management literature, this article reframes the issue as a principal-agent problem and suggests corporate strategies for better serving the relevant stakeholders. Fear of voters could better check prosecutors, as could victim participation in individual cases. Scholars have largely neglected the most promising avenue of …


Rewarding Prosecutors For Performance, Stephanos Bibas Feb 2009

Rewarding Prosecutors For Performance, Stephanos Bibas

All Faculty Scholarship

Prosecutorial discretion is a problem that most scholars attack from the outside. Most scholars favor external institutional solutions, such as ex ante legislation or ex post judicial and bar review of individual cases of misconduct. At best these approaches can catch the very worst misconduct. They lack inside information and sustained oversight and cannot generate and enforce fine-grained rules to guide prosecutorial decisionmaking. The more promising alternative is to work within prosecutors' offices, to create incentives for good performance. This symposium essay explores a neglected toolbox that head prosecutors can use to influence line prosecutors: compensation and other rewards. Rewards …


Federal Criminal Discovery: Handbook Regarding Exculpatory & Impeachment Material, R. Michael Cassidy, Douglas Woodlock, Leo Sorokin Dec 2008

Federal Criminal Discovery: Handbook Regarding Exculpatory & Impeachment Material, R. Michael Cassidy, Douglas Woodlock, Leo Sorokin

R. Michael Cassidy

No abstract provided.


Appointed To Equal Justice Act Panel, United States Court Of Appeals For The First Circuit (2009-Present), Sharon Beckman Dec 2008

Appointed To Equal Justice Act Panel, United States Court Of Appeals For The First Circuit (2009-Present), Sharon Beckman

Sharon Beckman

No abstract provided.