Now showing items 1-3 of 3

  • [2008-10-20] Executive Power and the War on Terror 

    Bay, Norman
    Two important paradigm shifts have occurred in the war on terror. First, the United States has treated terrorism as a military issue, not a law enforcement problem. Second, the United States has centralized its intelligence ...
  • [2008-11-20] Prosecutorial Discretion in the Post-Booker World 

    Bay, Norman
    This article takes a measured position. On the one hand, Booker has diminshed prosecutorial discretion somewhat. That point, perhaps, is obvious. In theory, the Guidelines are no longer mandatory, and prosecutors have ...
  • [2009-02-01] Old Blood, Bad Blood, and YoungBlood: Due Process, Lost Evidence, and the Limits of Bad Faith 

    Bay, Norman
    Under the law of lost evidence, absent a showing of bad faith, no due process violation occurs when the police lose potentially exculpatory evidence. This is so even though the evidence may be critical to the defense and ...