Bruce A. Green
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View article: Should Prosecutors Be Expected to Rectify Wrongful Convictions?
Should Prosecutors Be Expected to Rectify Wrongful Convictions? Open
In 2008, the American Bar Association amended the Model Rules of Professional Conduct to address prosecutors’ post-conviction conduct. Model Rules 3.8(g) and (h) establish the remedial steps a prosecutor must take after achieving a c…
View article: Mental Health and the Legal Profession
Mental Health and the Legal Profession Open
The Fordham Law Review’s Symposium collection on Mental Health and the Legal Profession is dedicated to the memory of Professor Deborah L. Rhode. As the Symposium highlights, the mental and emotional well-being of those in the legal profes…
View article: Selectively Disciplining Advocates
Selectively Disciplining Advocates Open
After lawsuits challenging the results of the 2020 presidential election failed spectacularly, some wondered whether the plaintiffs’ lawyers would be disciplined for filing frivolous complaints. Time will tell. But, if these lawyers are no…
View article: [email protected]
[email protected] Open
The transformative potential of technology in legal practice is well recognized. But wholly apart from how law firms actually use technology is the question of what law firms say about how they use and relate to technology—in particular, h…
View article: The Judicial Role in Professional Regulation
The Judicial Role in Professional Regulation Open
This Foreword introduces a collection of writings that challenge how courts fulfill their responsibility to oversee the practice of law, including judges’ own conduct. Largely as a matter of happenstance rather than forethought, regulatory…
View article: [email protected]
[email protected] Open
The transformative potential of technology in legal practice is well recognized. But wholly apart from how law firms actually use technology is the question of what law firms say about how they use and relate to technology—in particular, h…
View article: Restorative Justice from Prosecutors’ Perspective
Restorative Justice from Prosecutors’ Perspective Open
Restorative justice processes have been promoted as an alternative to criminal adjudication for many years outside the United States and, in recent years, in the United States as well. In the United States, restorative justice processes ar…
View article: Restorative Justice From Prosecutors' Perspective
Restorative Justice From Prosecutors' Perspective Open
Restorative justice processes have been promoted as an alternative to criminal adjudication for many years outside the United States and, in recent years, in the United States as well. In the United States, restorative justice processes ar…
View article: When Prosecutors Politick: Progressive Law Enforcers Then and Now
When Prosecutors Politick: Progressive Law Enforcers Then and Now Open
A new and recognizable group of reform-minded prosecutors has assumed the mantle of progressive prosecution. The term is hard to define in part because its adherents embrace a diverse set of policies and priorities. In comparing the contem…
View article: A Fiduciary Theory of Prosecution
A Fiduciary Theory of Prosecution Open
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 on a developing body of legal scholarship on fiduciary theory to offe…
View article: A Fiduciary Theory of Prosecution
A Fiduciary Theory of Prosecution Open
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 on a developing body of legal scholarship on fiduciary theory to offe…
View article: When Prosecutors Politick: Progressive Law Enforcers Then and Now
When Prosecutors Politick: Progressive Law Enforcers Then and Now Open
A new and recognizable group of reform-minded prosecutors has assumed the mantle of progressive prosecution. The term is hard to define in part because its adherents embrace a diverse set of policies and priorities. In comparing the contem…
View article: Should Criminal Justice Reformers Care About Prosecutorial Ethics Rules
Should Criminal Justice Reformers Care About Prosecutorial Ethics Rules Open
Criminal justice reform groups typically explore multiple avenues for improving the law and legal processes. Among the campaigns are calls for more demanding laws governing prosecutors’ conduct and more effective oversight and enforcement …
View article: Prosecutors in the Court of Public Opinion
Prosecutors in the Court of Public Opinion Open
Some prosecutors have been criticized for discussing their cases in the public media, but not Special Counsel Robert Mueller. During his investigation of Russian interference with the 2016 presidential campaign, he was described as “a man …
View article: Prosecutorial Discretion: The Difficulty and Necessity of Public Inquiry
Prosecutorial Discretion: The Difficulty and Necessity of Public Inquiry Open
Prosecutors’ discretionary decisions have enormous impact on individuals and communities. Often, prosecutors exercise their vast power and discretion in questionable ways. This Article argues that, to encourage prosecutors to use their pow…
View article: Lawyers in Government Service—a Foreword
Lawyers in Government Service—a Foreword Open
Lawyers in government serve in many different roles, both representational and nonrepresentational. Some represent the federal, state, or local government, a particular governmental entity (such as a department of consumer affairs) or agen…
View article: Regulating Prosecutors’ Courtroom Misconduct
Regulating Prosecutors’ Courtroom Misconduct Open
Trial prosecutors’ visible misbehavior, such as improper questioning of witnesses and improper jury arguments, may not seem momentous. Sometimes, the improprieties are simply the product of poor training or overenthusiasm. In many cases, t…