Vol. 118 No. 5

Congress
Book Review

SEPARATION OF POWERS METATHEORY

Aziz Z. Huq *

Contemporary scholarship and jurisprudence concerning the Constitution’s separation of powers is characterized by sharp disagree­ment about general theory and specific outcomes. The leading theories diverge on how to model the motives of institutional actors; on how to weigh text, history, doctrine, and norms; and on whether to characterize the separation of powers system as abiding in a stable equilibrium or as enthralled by transformative[...]

Criminal Law
Article

THE HIDDEN LAW OF PLEA BARGAINING

Andrew Manuel Crespo*

The American criminal justice system is a system of pleas. Few who know it well think it is working. And yet, identifying plausible strategies for law reform proves challenging, given the widely held scholarly assumption that plea bargaining operates “beyond the shadow of the law.” That assumption holds true with respect to substantive and constitutional criminal law—the two most studied bodies of law in the criminal justice system—neither[...]