Rachel E. Barkow

New York University School of Law

Professor

40 Washington Square South

New York, NY 10012-1099

United States

  • New York University School of Law

    • Email
    • Tel: 212-992-8829
SCHOLARLY PAPERS

24

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7,384

SSRN CITATIONS
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Top 19,404

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12

CROSSREF CITATIONS

41

Scholarly Papers (24)

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1.

Insulating Agencies: Avoiding Capture Through Institutional Design

Texas Law Review, Vol. 89, p. 15, 2010, NYU School of Law, Public Law Research Paper No. 10-82
Number of pages: 66 Posted: 30 Nov 2010 Last Revised: 02 Jan 2011
Rachel E. Barkow
New York University School of Law
Downloads 849 (39,223)
Citation 3

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2.

Separation of Powers and the Criminal Law

Stanford Law Review, 2006, NYU Law School, Public Law Research Paper No. 05-14
Number of pages: 66 Posted: 21 Sep 2005
Rachel E. Barkow
New York University School of Law
Downloads 841 (39,757)
Citation 2

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3.

Designed to Fail: The President's Deference to the Department of Justice in Advancing Criminal Justice Reform

William & Mary Law Review, Vol. 59, 2017, U of St. Thomas (Minnesota) Legal Studies Research Paper No. 17-08, NYU School of Law, Public Law Research Paper No. 17-16
Number of pages: 78 Posted: 02 May 2017 Last Revised: 07 Jun 2017
Rachel E. Barkow and Mark William Osler
New York University School of Law and University of St. Thomas - School of Law (Minnesota)
Downloads 539 (71,011)
Citation 1

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Criminal Law, Criminal Justice Reform, Sentencing, Clemency, Commutations, Pardons, Compassionate Release, Forensic Science, Appointments, CP14, President Obama, Presidential Oversight of Criminal Law

4.

The Prosecutor as Regulatory Agency

PROSECUTORS IN THE BOARDROOM: USING CRIMINAL LAW TO REGULATE CORPORATE CONDUCT, Anthony Barkow & Rachel Barkow, eds., NYU Press, Forthcoming, NYU School of Law, Public Law Research Paper No. 09-40, NYU Law and Economics Research Paper No. 09-30
Number of pages: 32 Posted: 03 Jul 2009 Last Revised: 10 Aug 2009
Rachel E. Barkow
New York University School of Law
Downloads 488 (80,229)
Citation 3

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corporate crime, corportate regulation, criminal law, law enforcement, prosecutorial power, administrative law

5.

Institutional Design and the Policing of Prosecutors: Lessons from Administrative Law

Stanford Law Review, Vol. 61, 2009, NYU Law School, Public Law Research Paper No. 08-10
Number of pages: 55 Posted: 30 Mar 2008 Last Revised: 04 Nov 2008
Rachel E. Barkow
New York University School of Law
Downloads 486 (80,639)
Citation 1

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Criminal Law, Prosecutorial Discretion, Institutional Design, Administrative Law

6.

Organizational Guidelines for the Prosecutor's Office

Cardozo Law Review, Forthcoming, NYU School of Law, Public Law Research Paper No. 10-05, NYU Law and Economics Research Paper No. 10-03
Number of pages: 26 Posted: 24 Dec 2009 Last Revised: 12 Mar 2010
Rachel E. Barkow
New York University School of Law
Downloads 430 (93,189)

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Prosecutors, Organizational Guidelines, Compliance Programs, Brady Violations, Disclosure Obligations, Prosecutors Training and Supervision

7.

Administering Crime

NYU Law School, Public Law Research Paper No. 86
Number of pages: 95 Posted: 06 Dec 2004
Rachel E. Barkow
New York University School of Law
Downloads 399 (101,588)

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sentencing, administrative law, criminal law, institutional design

8.

Federalism and Criminal Law: What the Feds Can Learn from the States

NYU School of Law, Public Law Research Paper No. 10-14
Number of pages: 60 Posted: 26 Feb 2010 Last Revised: 03 Mar 2010
Rachel E. Barkow
New York University School of Law
Downloads 375 (109,387)
Citation 2

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Criminal Law, Federalism, Prosecutorial Power and Enforcement, Sentencing

9.

Restructuring Clemency: The Cost of Ignoring Clemency and a Plan for Renewal

University of Chicago Law Review, 2014, Forthcoming, U of St. Thomas (Minnesota) Legal Studies Research Paper No. 14-28, NYU School of Law, Public Law Research Paper No. 14-42
Number of pages: 19 Posted: 14 Aug 2014 Last Revised: 05 Sep 2014
Rachel E. Barkow and Mark William Osler
New York University School of Law and University of St. Thomas - School of Law (Minnesota)
Downloads 362 (113,484)

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clemency, pardon power, pardon attorney, commutation, department of justice, clemency board

10.

Can Prosecutors Help To End Mass Incarceration?

Michigan Law Review, Forthcoming, NYU School of Law, Public Law Research Paper No. 21-03
Number of pages: 28 Posted: 06 Feb 2021 Last Revised: 23 Apr 2021
Rachel E. Barkow
New York University School of Law
Downloads 332 (124,787)

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Prosecutors, Sentencing, Punishment, Mass Incarceration, Criminal Law, Politics of Crime, Charging Discretion, Plea Bargaining, Second Looks

11.

Life Without Parole and the Hope for Real Sentencing Reform

NYU Press, Forthcoming, NYU School of Law, Public Law Research Paper No. 11-38
Number of pages: 50 Posted: 23 May 2011 Last Revised: 05 Jun 2011
Rachel E. Barkow
New York University School of Law
Downloads 320 (130,084)
Citation 1

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Sentencing, Life Without Parole, Eighth Amendment, Death Penalty, Criminal Law

12.

Prosecutorial Administration

NYU School of Law, Public Law Research Paper No. 12-41
Number of pages: 63 Posted: 22 Aug 2012
Rachel E. Barkow
New York University School of Law
Downloads 279 (149,607)

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Criminal Law, Federal Criminal Law, Prosecutorial Power, Institutional Design, Corrections, Forensics, Clemency

13.

Originalists, Politics, and Criminal Law on the Rehnquist Court

George Washington Law Review, Vol. 74, 2006, NYU Law School, Public Law Research Paper No. 06-15
Number of pages: 38 Posted: 22 Jun 2006
Rachel E. Barkow
New York University School of Law
Downloads 276 (151,202)

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criminal law, criminal procedure, constitutional law, originalism, attitudinal models, sentencing

14.

Delegating Punitive Power: The Political Economy of Sentencing Commission and Guideline Formation

Texas Law Review, Forthcoming, NYU Law School, Public Law Research Paper No. 06-14, NYU, Law and Economics Research Paper No. 06-23
Number of pages: 53 Posted: 01 Jun 2006
Rachel E. Barkow and Kathleen M. O'Neill
New York University School of Law and New York University School of Law
Downloads 274 (152,323)

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sentencing, delegation, criminal law, administrative law

15.

Classical Liberal Criminal Law

NYU School of Law, Public Law Research Paper No. 18-34
Number of pages: 15 Posted: 17 May 2018 Last Revised: 04 Jun 2018
Rachel E. Barkow
New York University School of Law
Downloads 226 (183,939)

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Constitutional Law, Eighth Amendment, Criminal Law, Classical Liberal Theory

16.

Clemency and the Unitary Executive

NYU School of Law, Public Law Research Paper No. 14-38
Number of pages: 62 Posted: 23 Aug 2014
Rachel E. Barkow
New York University School of Law
Downloads 215 (192,705)

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17.

The Court of Life and Death: The Two Tracks of Constitutional Sentencing Law and the Case for Uniformity

NYU School of Law, Public Law Research Paper No. 08-28, Michigan Law Review, Forthcoming
Number of pages: 61 Posted: 15 Sep 2008 Last Revised: 04 Nov 2008
Rachel E. Barkow
New York University School of Law
Downloads 204 (202,438)

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18.

Justice Scalia and the Criminal Law

86 University of Cincinnati Law Review 743 (2018)
Number of pages: 32 Posted: 01 Apr 2019
David R. Stras, Orin S. Kerr, Rachel E. Barkow, Stephanos Bibas and Paul J. Larkin
United States Court of Appeals for the 8th Circuit, University of California, Berkeley School of Law, New York University School of Law, University of Pennsylvania Law School and The Heritage Foundation
Downloads 155 (256,468)

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Justice Scalia, Criminal Law, Criminal Procedure, Fourth Amendment, Sixth Amendment

19.

Making Connections with The Wire: Telling the Stories Behind the Statistics

University of Chicago Legal Forum, Forthcoming, NYU School of Law, Public Law Research Paper No. 18-31
Number of pages: 15 Posted: 09 May 2018 Last Revised: 31 May 2018
Rachel E. Barkow
New York University School of Law
Downloads 144 (272,216)

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Criminal Law, The Wire, Media Coverage of Crime

20.

The Evolving Role of the United States Sentencing Commission

33 Federal Sentencing Reporter 3 (2020), NYU School of Law, Public Law Research Paper No. 21-02
Number of pages: 14 Posted: 06 Feb 2021 Last Revised: 23 Apr 2021
Rachel E. Barkow
New York University School of Law
Downloads 86 (388,710)

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Sentencing, United States Sentencing Commission, federal criminal law, punishment, politics of crime and punishment

21.

Overseeing Agency Enforcement (Foreword)

84 Geo. Wash. L. Rev. 1129 (2016)
Number of pages: 58 Posted: 03 May 2017
Rachel E. Barkow
New York University School of Law
Downloads 64 (457,225)

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Administrative Law, Agency Enforcement, Enforcement Discretion, Government Oversight

22.

Using the Corporate Prosecution and Sentencing Model for Individuals: The Case for a Unified Federal Approach

Law and Contemporary Problems, Forthcoming, NYU School of Law, Public Law Research Paper No. 21-06
Number of pages: 23 Posted: 19 Feb 2021 Last Revised: 30 Jun 2021
Rachel E. Barkow
New York University School of Law
Downloads 40 (559,096)

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Federal criminal law, sentencing, prosecution, corporate crime, Sentencing Guidelines, charging decisions

23.

The Ascent of the Administrative State and the Demise of Mercy

Harvard Law Review, Vol. 121, 2008, NYU School of Law, Public Law Research Paper No. 08-51
Posted: 04 Oct 2007 Last Revised: 17 Dec 2008
Rachel E. Barkow
New York University School of Law

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Criminal Law, Mercy, Jury Nullification, Clemency, Pardons, Administrative Law, Discretion

24.

More Supreme than Court? The Fall of the Political Question Doctrine and the Rise of Judicial Supremacy

Columbia Law Review, Vol. 102, No. 2, 2002
Posted: 15 Apr 2003
Rachel E. Barkow
New York University School of Law

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