Criminal Law as Regulation

I am honored to hold the Segal Family Professorship of Regulatory Law and Policy chair. It is a natural fit for an administrative law professor, which I am. It is also equally appropriate for some-one who teaches criminal law, which I also do. My scholarship analyzes how regulatory law and policy can inform and improve criminal law.

First, I would like to persuade you to see the criminal justice system in the United States as a regulatory system. Second, I want to use clemency as an example to show you how seeing the system this way paves the way for interesting solutions that make the system more just and effective.

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Redistribution Within Collective Organization

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Between Formalism and Conservatism: The Resurgent Legal Formalism of the Roberts Court