News Entry
| Julie Wang, Thursday, 03 November 2011 |
|
In a recent New York Times article on the upcoming Smith v. Cain oral argument before the Supreme Court, Campbell Robertson and Adam Liptak cite The Myth of Prosecutorial Accountability After Connick v. Thompson: Why Existing Professional Responsibility Measures Cannot Protect Against Prosecutorial Misconduct for the proposition that "prosecutors who withhold evidence are almost never disciplined." Andrew Rosenthal also referenced the YLJO essay in his New York Times editorial: he quotes Lincoln Caplan, a fellow editor at The Times, in noting that "[a] group of Yale Law School students recently published a report on 'The Myth of Prosecutorial Accountability After Connick v. Thompson,' which is unsettling but well worth reading." Jarvis DeBerry of NOLA.com has discussed the piece in his article and Deborah Jane Cooper, one of the authors of the YLJO essay, has written further on the topic in an opinion in The National Law Journal. In The Myth of Prosecutorial Accountability After Connick v. Thompson: Why Existing Professional Responsibility Measures Cannot Be Protected After Prosecutorial Misconduct, David Keenan, Deborah Jane Cooper, David Lebowitz, and Tamar Lerer examine prosecutorial accountability in the wake of Connick v. Thompson, a recent Supreme Court case overturning a $14 million jury verdict awarded to a man who spent fourteen years on death row after prosecutors withheld key exculpatory evidence during his trial. The Court based its decision in part on the availability of other measures to check prosecutorial misconduct, including state professional disciplinary procedures. Keenan, Cooper, Lebowitz, and Lerer challenge this presumption by undertaking a detailed analysis of these procedures in all fifty states. They demonstrate that these measures are ineffective tools for accountability and recommend several strategies for strengthening professional conduct rules and grievance procedures to deter and sanction prosecutorial misconduct. Please click here to read the YLJO Essay in full. |
Most Recent
Forthcoming
Articles
Michelle Wilde Anderson, Dissolving Cities, 121 Yale L.J. (forthcoming 2012), available at http://papers.ssrn.com/sol3/papers.cfm?abstract_id=1919768.
Ian Ayres, Regulating Opt-Out: An Economic Theory of Altering Rules, 121 YALE L.J. (forthcoming 2012), available at http://papers.ssrn.com/sol3/papers.cfm?abstract_id=1934412.
D. James Greiner & Cassandra W. Pattanayak, Randomized Evaluation in Legal Assistance: What Difference Does Representation Make?, 121 Yale L.J. (forthcoming 2012), available at http://ssrn.com/abstract=1708664.
Daryl J. Levinson, Rights and Votes, 121 YALE L.J. (forthcoming 2012), available at http://papers.ssrn.com/sol3/papers.cfm?abstract_id=1889264.
Ruth Mason & Michael Knoll, What Is Tax Discrimination?, 121 Yale L.J. (forthcoming 2012), available at http://ssrn.com/abstract=1647014.
Christopher Re & Richard Re, Voting and Vice: Criminal Disenfranchisement and the Reconstruction Amendments, 121 YALE L.J. (forthcoming 2012).
Notes
Barrett Anderson, Note, Recognizing Character: A New Perspective on Character Evidence, 121 Yale L.J. (forthcoming 2012).
Jesse Cross, Note, “Done in Convention”: The Attestation Clause and the Declaration of Independence, 121 Yale L.J. (forthcoming 2012).
Miles Farmer, Note, Mandatory and Fair?: A Better System of Mandatory Arbitration, 121 Yale L.J. (forthcoming 2012).
Eric Fish, Note, The Twenty-Sixth Amendment Enforcement Power, 121 Yale l.J. (forthcoming 2012).
Jonah Gelbach, Note, Locking the Doors to Discovery? Conceptual Challenges in and Empirical Results for Assessing the Effects of Twombly and Iqbal on Access to Discovery, 121 Yale L.J. (forthcoming 2012).
Danielle M. Lang, Note, Padilla v. Kentucky: The Effect of Plea Colloquy Warnings on Defendants’ Ability to Bring Successful Padilla Claims, 121 Yale l.J. (forthcoming 2012).
Nick McLean, Note, Cross-National Patterns in FCPA Enforcement, 121 Yale l.J. (forthcoming 2012).
Comments
Douglas Lieb, Comment, Can Section 1983 Help To Prevent the Execution of Mentally Retarded Prisoners?, 121 Yale l.J. (forthcoming 2012).
Jeffrey Love, Comment, Second Order Clear Statement Rules, 121 Yale L.J. (forthcoming 2012).
Margaret B. Weston, Comment, One Person, No Vote: Staggered Elections, Redistricting, and Disenfranchisement, 121 Yale l.J. (forthcoming 2012).
David Wishnick, Comment, Corporate Purposes, Contractual Freedom, and Default Rule Clarity: A Comment on eBay v. Newmark, 121 Yale L.J. (forthcoming 2012).
Yale Law Journal Online
Akhil Reed Amar, The Lawfulness of Health-Care Reform, 121 Yale L.J. Online (forthcoming 2012), available at http://ssrn.com/abstract=1856506.
Jules L. Coleman, Mistakes, Misunderstandings and Misalignments, 121 YALE L.J. ONLINE (forthcoming 2012), available at http://papers.ssrn.com/sol3/papers.cfm?abstract_id=1970091.Daniel A. Farber, Preventing Policy Default: Fallbacks and Failsafes in the Modern Administrative State, 121 YALE L.J. ONLINE (forthcoming 2012).
Lawrence Fox, The Gang of Thirty-Three: Taking the Wrecking Ball to Client Loyalty, 121 YALE L.J. ONLINE (forthcoming 2012).
James W. Jones and Anthony E. Davis, In Defense of a Reasoned Dialogue about Law Firms and their Sophisticated Clients, 121 YALE L.J. ONLINE (forthcoming 2012).
Andrew Koppelman, Bad News for Everybody, 121 YALE L.J. ONLINE (forthcoming 2012).
Gary Lawson & David B. Kopel, Bad News for John Marshall, 121 YALE L.J. ONLINE (forthcoming 2012).