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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

18

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5,101

CITATIONS
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Top 15,266

in Total Papers Citations

23

Scholarly Papers (18)

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1.

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 503 (36,289)
Citation 10

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2.

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 369 (44,964)
Citation 4

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3.

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 355 (62,551)
Citation 3

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Criminal Law, Prosecutorial Discretion, Institutional Design, Administrative 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 336 (62,009)
Citation 1

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

5.

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 322 (69,323)

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

6.

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 317 (75,687)
Citation 1

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Criminal Law, Federalism, Prosecutorial Power and Enforcement, Sentencing

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 304 (79,006)

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sentencing, administrative law, criminal law, institutional design

8.

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 250 (108,746)

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

9.

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 240 (105,663)
Citation 1

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

10.

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 214 (112,840)
Citation 1

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sentencing, delegation, criminal law, administrative law

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 198 (115,843)

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

12.

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 176 (140,591)
Citation 2

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13.

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 173 (95,004)

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

14.

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 127 (149,952)

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15.

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 0 (450,941)

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Administrative Law, Agency Enforcement, Enforcement Discretion, Government Oversight

16.

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 0 (64,676)

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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

17.

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

18.

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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