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No Need to Reinvent the Wheel: Why the U.S. Should Implement Co-Regulatory Mechanisms to Regulate Deepfake Content on Internet Platforms
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One of These Things Is Not Like the Other: The Limitations of the Reconstruction Era Amendments in \u3ci\u3eUnited States v. Roof\u3c/i\u3e
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Pitfalls of Progressive Prosecution
No full textThis Essay examines the political vulnerabilities facing the progressive prosecution movement, arguing that two core features of its public brand—emphasizing a fundamental break from traditional prosecution and pledging to “do less” by shrinking the criminal justice footprint—have inadvertently exposed reform‑oriented prosecutors to intensified backlash. Drawing on recent examples, the Essay shows how framing progressive prosecution as radically different obscures the long-standing prosecutorial tools these offices still rely on, enabling critics to portray routine exercises of discretion as unprecedented or dangerous. It further explains how decarceral commitments make progressive prosecutors easy targets when crime or disorder rises, both because voters may assume under-enforcement is to blame and because the brand’s focus on restraint makes it harder to communicate affirmative steps taken to promote public safety. The Essay argues that these pitfalls are not inevitable: progressive prosecutors can mitigate them by highlighting the historical roots of their practices, actively supporting non‑criminal public‑safety strategies, using non‑carceral legal tools such as civil actions and injunctions, and publicly partnering with other agencies to address root causes of crime. These approaches, the Essay concludes, could help stabilize the progressive prosecution brand and maintain public support even amid heightened concerns about crime
The (Local) Prosecutor
No full textThe rise of the reform prosecutor has led to a backlash. Many states have sought to circumvent the power of reform prosecutors, others to sanction them, and some to replace them with unelected appointees. These efforts have been met with resistance and, in some instances, with legal challenges. Resolving those challenges may prove difficult because local prosecutors straddle three distinct axes within state governments: the horizontal divide between its branches, the vertical divide between the state government and its local subdivisions, and the constitutional divide between constitutional and statutory offices. This Essay exposes the significant state variation in the legal classification of prosecutors along these divides, and it explains how that variation not only complicates the legal status of prosecutors within any particular state, but also prevents the formation of a shared understanding of what role the local prosecutor plays in state government. Such an understanding is of increasing importance as the enormous discretion delegated to prosecutors and the deepening partisan divides within states suggest that intense battles over the role of the prosecutor are likely to continue
