When I was a prosecutor in the early 2000s, my office deployed a variety of diversion
programs to unload provable, but minor, cases without going through a formal adjudicative …

In Crawford v. Washington, the Supreme Court grandly declared that the Confrontation
Clause of the Sixth Amendment" commands" that the government's case against a criminal …

In 2003, prosecutors offered Weldon Angelos a fifteen-year plea deal to resolve drug and
gun charges. Angelos turned down the offer, was convicted at trial, and was sentenced to …

In May 2021, the American Law Institute approved the Restatement (Third) of Torts:
Intentional Torts to Persons, a project on which one of us served as Associate Reporter and …

Since its inception in 2011, the Securities and Exchange Commission's whistleblowing
program has awarded whistleblowers over 100 million dollars.'While protecting its …

Criminal procedure reform can be understood as a “second-best” enterprise. The general
theory of second best applies where an ingredient necessary for a “first-best” ordering is …

Like many phases of the criminal justice system, insiders dominate the practice of
expungement and there is little to no involvement of the broader community. Recently …

Larry Laudan's recent work, including his most recent book,'previous articles, 2 and now his
article and presentation for this Symposium, 3 give us cause to reflect on the fundamental …

Settlement is a term rarely used in criminal law. Instead, people speak almost exclusively of
plea bargaining-ie, enforceable agreements in which a defendant promises to plead guilty in …

The plea bargaining process receives minimal oversight from the courts and contains scarce
regulatory protections. In the past few years, however, the Supreme Court has issued three …