We live in an era of mass incarceration. Since the early 1970s, the criminal justice system
has expanded rapidly, disproportionately affecting poor people of color. 1 A growing chorus …

The job of investigating and prosecuting police officers who commit crimes falls on local
prosecutors, as it has in the wake of a number of highly public killings of unarmed African …

US corporate criminal enforcement policy allows prosecutors to enter into deferred and
nonprosecution agreements (D/NPAs) that impose corporate reform mandates on firms with …

Lengthy mandatory prison sentences in the federal system are under heavy fire. The basic
critique of these" mandatory minimums" is well known and becoming more widely accepted …

While the Securities and Exchange Commission (SEC) is undoubtedly the primary enforcer
of the securities laws, it has often been overshadowed by other enforcers. State attorneys …

When people pay bribes to foreign public officials, how should the law respond? This
question has been debated ever since the enactment of the US Foreign Corrupt Practices …

The literature treats overcriminalization (and, at the federal level, the federalization of crime)
as a quantitative problem. Legislatures, on this view, have simply enacted too many crimes …

The Assembly Clause is the ugly duckling of the First Amendment. Brooding in the shadow
of the heralded Free Speech Clause and the venerated Religion Clauses, the" right of the …

Conventional wisdom tells us that, after the United States was founded, we replaced our
system of common law crimes with criminal statutes and that this shift from common law to …

Several of President Obama's most important domestic policy initiatives involve decisions
not to enforce federal law. 1 In 2012, the Obama Administration announced that it would not …