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Overcriminalization: Administrative Regulation, Prosecutorial Discretion, and the Rule of Law

Engage Volume 15, Issue 2
Ronald A. Cass December 16, 2014

Recently, both practical and doctrinal changes have significantly reduced the degree to which criminal punishment fits rule-of-law ideals.  Although far from the only cause, the expansion of criminal sanctions as a by-product of an extraordinary explosion in administrative rulemaking that is backed by criminal liability has helped propel this change.  While there are reasons to support criminal enforcement of administrative decision-making, the ways in which administrative rules are adopted, applied, and enforced and the scale of governmental law-making (including administrative rule-making) that has provided the grounds for potential criminal penalties have produced a massive increase in government power that risks serious erosion of individual liberty. This change cries out for immediate attention—and for changes to the law....[Read More!]

New Mexico Supreme Court Eliminates Foreseeability from Tort Duty Analysis

State Court Docket Watch Article
Jennifer F. Thompson, Deborah J. La Fetra December 11, 2014

This article is about the New Mexico Supreme Court's decision in Rodriguez v. Del Sol Shopping Center Associates, which significantly altered the state’s tort law duty analysis This ruling held that foreseeability may not be considered in deciding whether a tort duty exists.  Rather, courts must articulate and rely on specific public policy rationales....[Read Now!]