Faculty Publications

An idea recently that Alan Dershowitz recently proposed in an article published in the Law Journal is as treacherous and deceitful as it is unworkable--and is McCarthyism revisited, Ellen Yaroshefsky writes.

Recent efforts to hold lawyers accountable for their actions-including lawyers who sought to overturn the 2020 Presidential election based on false evidence,and New York City prosecutors who have committed serious misconduct-failed to draw a significant number of legal ethics scholars. The authors of this Essay are troubled by this. We understand why practicing lawyers might be reluctant to join such an effort; calling out other lawyers inpositions of power can be had for clients. But it is less understandable when it comes to law professors who, except for those who teach in law clinics or otherwise engage in law practice, have no clients. Legal ethics scholars write and teach-often from a secure academic position-about the importance of legal ethics.

The power of the modern prosecutor arises from several features of the criminal justice landscape: widespread use of law and order political rhetoric and heightened fear of crime among voters; legislatures' embrace of extreme sentencing ranges to respond to such concerns; and the uncertain orlimited accountability of prosecutors to the electorate, the bar, or other political and professional constituencies. The convergence of these trends has transformed prosecution into an indispensable field of study.This volume brings together the work of leading international scholars across criminology, sociology, political science, and law - along with contributions from reform-minded practitioners - to examine a variety of issues in prosecutorial behaviour and the institutional structures that frame theirbehavior.The Handbook connects the dots among existing theoretical and empirical research related to prosecutors. Major sections of the volume cover (1) prosecutor performance during distinct phases of a criminal case, (2) the features of the prosecutor's environment, both inside the office and external tothe office, that influence the choices of individual prosecutors and office leaders, and (3) prosecutorial strategies and priorities when dealing with specialized types of crimes, victims, and defendants. Taken together, the chapters in this volume identify the founding texts, discuss leadingtheoretical and methodological approaches, explain the scope of unresolved issues, and preview where this field is headed. The volume provides a bottom-up view of an important new scholarly field.

The Mueller Investigation and issues emanating from that investigation are at the heart of this book, providing a contextual setting for learning and reviewing materials across the law school curriculum. The book includes cases, essays, and other materials that allow it to be used as a capstone course for classroom discussion in areas of administrative law, civil procedure, counterintelligence and congressional investigative activity, constitutional law, criminal law and procedure, election law, evidence, and professional responsibility.