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Promise or Peril?: The Political Path of Prison Abolition in America
In: Wake Forest Law Review, Forthcoming
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Can Prosecutors Help To End Mass Incarceration?
In: Michigan Law Review, Forthcoming
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Working paper
The Evolving Role of the United States Sentencing Commission
In: 33 Federal Sentencing Reporter 3 (2020)
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Working paper
Using the Corporate Prosecution and Sentencing Model for Individuals: The Case for a Unified Federal Approach
In: Law and Contemporary Problems, Forthcoming
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Classical Liberal Criminal Law
In: NYU School of Law, Public Law Research Paper No. 18-34
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Working paper
The New Policing of Business Crime
The central goal of this Article is to describe the burgeoning turn to new policing techniques in the business crime context and to offer some initial thoughts on the promises and limits of the approach. Part II begins by explaining the traditional or "old policing" of business crime. After implementing an initial strategy that focused on pursuing individuals, the government turned its attention to the organizations where those individuals operated. It increased the sanctions for violators and sought to target companies in an effort to prompt them to adopt internal compliance pro-grams. The focus on company compliance programs was designed to change corporate culture, sharing with the broken windows theory a focus on norms. This policy did not, however, stop enormous corporate frauds or the economic meltdown that occurred in 2007 and 2008 that many believe depended on illegal activities. In response to these failures, Part III argues, the United States is embarking on a new era in policing business crime that, like the new policing of street crime, aims to be more proactive. And like its street crime counterpart, business crime policing is pursuing different approaches. Finally, Part IV explores how the new policing techniques in the business crime context are likely to play out, given that business crime is different from street crime in fundamental ways. Part IV further explains what those differences mean for the ultimate success of the new policing paradigm. Part V concludes.
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Clemency and the Unitary Executive
In: NYU School of Law, Public Law Research Paper No. 14-38
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Working paper
Prosecutorial Administration
In: NYU School of Law, Public Law Research Paper No. 12-41
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Working paper
Insulating Agencies: Avoiding Capture Through Institutional Design
In: Texas Law Review, Band 89, S. 15
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Designed to Fail: The President's Deference to the Department of Justice in Advancing Criminal Justice Reform
In: William & Mary Law Review, Band 59
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Restructuring Clemency: The Cost of Ignoring Clemency and a Plan for Renewal
In: University of Chicago Law Review, 2014, Forthcoming
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Justice Scalia and the Criminal Law
In: 86 University of Cincinnati Law Review 743 (2018)
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