Wake Forest Law Review

6Sep

Community Prosecution, Comparative Prosecution

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By: Ronald F. Wright* Criminal prosecutors, like other public servants in a representative democracy, must continually work out what it means to “represent” the public.[1] One prosecutor might view the job as one for an expert, bringing technical skills and judgment to questions of public safety. Another prosecutor might aim for a more responsive relationship, […]

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5Sep

The Normative Case for Normative Grand Juries

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By: Josh Bowers* Introduction There is a broad swath of cases—perhaps the majority in many jurisdictions—where arrests are based on the allegations and observations of no witnesses except the arresting officers; where there are no concrete victims; where cases are typically resolved with some form of guilty plea at the first appearance or shortly thereafter; […]

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5Sep

Perceptions of Fairness and Justice: The Shared Aims and Occasional Conflicts of Legitimacy and Moral Credibility

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By: Josh Bowers* & Paul H. Robinson** Introduction A growing literature suggests that a criminal justice system derives practical value by generating societal perceptions of fair enforcement and adjudication.[1]  Specifically, perceptions of procedural fairness—resulting in perceptions of the system’s “legitimacy,” as the term is used—may promote systemic compliance with substantive law, cooperation with legal institutions […]

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5Sep

The Community Prosecutor: Questions of Professional Discretion

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By: Bruce A. Green* & Alafair S. Burke** This Article examines community prosecuting from an ethics perspective.  Our focus is not on prosecutors’ compliance with the disciplinary rules, however.  The strategies that have been said to exemplify community prosecuting are almost invariably compliant with disciplinary rules and other aspects of the law governing prosecutors.  Rather, […]

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5Sep

Community-Based Prosecution in North Carolina: An Inside-Out Approach to Public Service at the Courthouse, on the Street, and in the Classroom

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By: Ben David* Introduction I am a North Carolina prosecutor.[1]  I speak for the dead in murder trials and dismiss registration violations in traffic court.  I advise police officers in station houses and listen to cooperating criminals in holding cells.  When a crime affects us all, I am the conscience for the community, and I […]

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14Apr

Regulating Companies as if the World Matters: Reflections From the Ongoing Sustainable Companies Project

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By: Beate Sjåfjell* Introduction: A Moral Imperative for Action The company is one of the most ingenious inventions of our time.[1]  With limited liability for its investors, enabling capital to be (in theory) put to its most efficient use, the company has become the backbone of our economies.  But must this all-important component of our market […]

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11Apr

A Signaling Theory of Lockups in Mergers

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By: Shmuel Leshem* Empirical evidence shows that termination fees (“lockups”) in merger agreements of public companies discourage competition for the target company but do not necessarily harm target shareholders.  This Article presents a signaling theory consistent with this evidence and considers the theory’s normative implications.  The chief argument is that the presence of a lockup […]

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11Apr

When Staying Discovery Stays Justice: Analyzing Motions to Stay Discovery When a Motion to Dismiss is Pending

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By: Kevin J. Lynch* Introduction Discovery plays a key role in our modern federal courts.  Discovery can be costly and burdensome, but it also enables settlement, reduces informational disparities between parties, and clarifies issues for trial.  Under the Federal Rules of Civil Procedure, discovery is intended to occur with limited intervention by the court, absent […]

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5Apr

Our Continuing Struggle With the Idea That For-Profit Corporations Seek Profit

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By: Leo E. Strine, Jr.* This Essay addresses an issue that, to be candid, perplexes me. That issue is the continuing dismay evidenced in Western, capitalist nations when public corporations that pursue profit for their stockholders take actions that adversely affect the nation’s economic stability, the corporation’s employees, or the environment. When a corporation’s ardor […]

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5Apr

A Unique Religious Exemption From Antidiscrimination Laws in the Case of Gays? Putting the Call for Exemptions for Those Who Discriminate Against Married or Marrying Gays in Context

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By: Michael Kent Curtis* Introduction A.     The Issue Faced with gay marriage in a few states, the Becket Fund for Religious Liberty and some scholars advocate exemptions from antidiscrimination laws for those with religious or moral objections to “facilitating” gay marriage.[1]  Advocates seek exemptions only in connection with gays and, at least initially, they connect […]

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6Feb

Comment: Wait a Second—Is That Rain or Herbicide? The ICJ’s Potential Analysis in Aerial Herbicide Spraying and an Epic Choice Between the Environment and Human Rights

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By: Jessica L. Rutledge* Introduction Over the past ten years, the Colombian government has persistently been digging itself into a paradoxical hole so deep that it will be remarkable if the government can make it out on top.  Despite the impressive maintenance of democracy since 1810[1] and an “excellent relationship” with the United States on […]

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