1 Mark Berman, These Prosecutors Won Office Vowing to Fight the System. Now, the System
Is Fighting Back., WASH. POST(Nov. 9, 2019, 4: 52 PM), https://www. washingtonpost …

In December of 2010, the Ohio State University football team became embroiled in a college
football scandal. 1 The team had not cheated on the playing field, nor had they failed to …

China's rise as an economic superpower has caused growing anxieties in the West. Europe
is now applying stricter scrutiny over takeovers by Chinese state-owned giants, while the …

Generations of scholars have failed to arrive at a unifying theory of prosecution, one that
explains the complex role that prosecutors play in our democratic system. This Article draws …

The current account of executive power is incomplete. Before joining the Supreme Court,
Elena Kagan noted that the President seeks control over the executive branch. Kagan …

Contemporary criminal legal scholars paint a grim picture of overcriminalization. In their
view, criminal justice has relentlessly expanded in scope beyond its proper function …

The debate over the unitary executive theory-the theory that the President must have sole
control over the executive branch of government-has been extremely parochial. 1 Unitary …

Prosecutors' discretionary decisions have enormous impact on individuals and communities.
Often, prosecutors exercise their vast power and discretion in questionable ways. This …

* Thanks to Lyz Riley for exceptional editing help. An earlier version of the ideas in this
introduction was presented at an ABA Criminal Justice workshop by Chad Flanders, and he …

The political convulsions of the past decade have fueled acute interest in constitutional
norms. Also known as" conventions" or" customs," constitu-tional norms are common and …