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Prosecuting Political Defendants, Anthony S. Barkow, Beth George 2010 New York University School of Law

Prosecuting Political Defendants, Anthony S. Barkow, Beth George

Georgia Law Review

Prosecutors are obligated to enforce the law without bias or prejudice. Prosecutors will face cases, however, where a prosecution has political overtones due to the substance of the underlying crime or the identity of the defendant. Maintaining public confidence in the impartiality of such prosecutions is vital to protecting the public's trust in the criminal justice system. This Article explores three recent federal cases where the defendant's identity added a political element to the prosecution. It then examines how the Department of Justice regulates prosecutors' release of information to the public, including its charging policy and its interactions with the …


Prosecutorial Sound Bites: When Do They Cross The Line?, Laurie L. Levenson 2010 Loyola Law School, Los Angeles

Prosecutorial Sound Bites: When Do They Cross The Line?, Laurie L. Levenson

Georgia Law Review

Even good prosecutors can cross the line. This is particularly true when it comes to media sound bites in high-profile cases. The Supreme Court held in Gentile v. Nevada State Bar, 501 U.S. 1030 (1991), that while lawyers have the First Amendment right to make comments to the press, they do not have the right to make comments that have a "substantial likelihood of materially prejudicing an adjudicative proceeding." This broad standard gives little guidance to prosecutors as they try to frame their public remarks. A much better guide is found in 28 C.F.R. § 50.2. These federal regulations at …


You Do Have To Keep Your Promises: A Disgorgement Theory Of Contract Remedies, Steve Thel, Peter Siegelman 2010 Fordham University School of Law

You Do Have To Keep Your Promises: A Disgorgement Theory Of Contract Remedies, Steve Thel, Peter Siegelman

Faculty Scholarship

Contract law is generally understood to require no more of a person who breaches a contract than to give the injured promisee the "benefit of the bargain." The law is thus assumed to permit a promise-breaker to keep any profit remaining from breach, after putting the victim in the position he would have been in had the promise been performed. This conventional description is radically wrong: across a wide range of circumstances, standard contract doctrines actually do require people to keep their promises, or to disgorge their entire profit from breach if they do not. Rather than protecting the expectation …


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