Josh Bowers

University of Virginia School of Law

580 Massie Road

Charlottesville, VA 22903

United States

SCHOLARLY PAPERS

16

DOWNLOADS
Rank 11,071

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Top 11,071

in Total Papers Downloads

3,433

CITATIONS
Rank 25,450

SSRN RANKINGS

Top 25,450

in Total Papers Citations

10

Scholarly Papers (16)

1.

Punishing the Innocent

U of Chicago, Public Law Working Paper No. 165, University of Pennsylvania Law Review, Vol. 156, 2008
Number of pages: 61 Posted: 02 May 2007
Josh Bowers
University of Virginia School of Law
Downloads 615 (33,745)
Citation 2

Abstract:

criminal law, criminal procedure, plea bargaining, prosecutors, innocent, innocence, process costs

2.

Perceptions of Fairness and Justice: The Shared Aims & Occasional Conflicts of Legitimacy and Moral Credibility

Wake Forest Law Review, Vol. 47, Pg. 211, 2012, University of Penn Law School, Public Law Research Paper No. 11-13
Number of pages: 76 Posted: 10 Nov 2011 Last Revised: 01 Aug 2012
Josh Bowers and Paul H. Robinson
University of Virginia School of Law and University of Pennsylvania Law School
Downloads 418 (45,888)

Abstract:

criminal law & procedure, empirical research, exclusionary rule, policing, stop & frisk, search & seizure, profiling, plea bargaining, criminalization, justification, excuse, nonexculpatory, culpability, offense grading, deference, compliance, deterrence, preventive detention, duties, legitimate

3.

Legal Guilt, Normative Innocence, and The Equitable Decision Not to Prosecute

Columbia Law Review, Vol. 110, No. 7, November 2010, Virginia Public Law and Legal Theory Research Paper No. 2010-16
Number of pages: 72 Posted: 12 Mar 2010 Last Revised: 12 Dec 2010
Josh Bowers
University of Virginia School of Law
Downloads 340 (52,581)
Citation 1

Abstract:

prosecutorial discretion, charging discretion, equity, particularism, petty crime, public-order crime, overcriminalization, order-maintenance policing, broken-windows theory

4.

Contraindicated Drug Courts

UCLA Law Review, Vol. 55, 2008, U of Chicago, Public Law Working Paper No. 180
Number of pages: 53 Posted: 05 Oct 2007
Josh Bowers
University of Virginia School of Law
Downloads 336 (62,739)
Citation 4

Abstract:

drug treatment, war on drugs

5.

Mandatory Life and the Death of Equitable Discretion

LIFE WITHOUT PAROLE, THE NEW DEATH PENALTY, Forthcoming, Virginia Public Law and Legal Theory Research Paper No. 2011-12
Number of pages: 58 Posted: 24 Mar 2011
Josh Bowers
University of Virginia School of Law
Downloads 207 (104,329)

Abstract:

LWOP, capital punishment, prosecutorial discretion, equitable discretion, determinate sentencing, discretionary sentencing, capital sentencing, the "Bloody Code," mandatory capital punishment, legal history, juries

6.

Probable Cause, Constitutional Reasonableness and the Unrecognized Point of a 'Pointless Indignity'

Stanford Law Review Vol. 66, 2014, Virginia Public Law and Legal Theory Research Paper No. 2013-24
Number of pages: 67 Posted: 15 Aug 2013 Last Revised: 24 Mar 2014
Josh Bowers
University of Virginia School of Law
Downloads 174 (89,178)

Abstract:

Fourth Amendment, probable cause, constitutional reasonableness, general reasonableness, arrest discretion, dignity, legality, Atwater v. Lago Vista, Safford Unified School District v. Redding, Whren v. United States

7.

Grassroots Plea Bargaining

Marquette Law Review, Vol. 91, No. 1, 2007, U of Chicago, Public Law Working Paper No. 169
Number of pages: 42 Posted: 26 Jun 2007
Josh Bowers
University of Virginia School of Law
Downloads 156 (142,274)
Citation 2

Abstract:

criminal law, criminal procedure, plea bargaining, order-maintenance policing, broken windows, prosecutors

8.

Two Rights to Counsel

Washington and Lee Law Review, Forthcoming, Virginia Public Law and Legal Theory Research Paper No. 2013-13
Number of pages: 41 Posted: 09 May 2013 Last Revised: 10 May 2013
Josh Bowers
University of Virginia School of Law
Downloads 97 (192,725)

Abstract:

Plea-bargaining, guilty pleas, ineffective assistance of counsel, right to counsel, Gideon v. Wainwright, Lafler v. Cooper, Missouri v. Frye, defense counsel, defense attorneys, prosecutors

9.

The Normative Case for Normative Grand Juries

Wake Forest Law Review, 2012, Virginia Public Law and Legal Theory Research Paper No. 2012-19
Number of pages: 60 Posted: 27 Feb 2012
Josh Bowers
University of Virginia School of Law
Downloads 95 (186,724)

Abstract:

Grand juries, community prosecution, community justice, equitable discretion, order-maintenance policing, order-maintenance prosecution, charging discretion, misdemeanors, legitimacy

10.

Plea Bargaining's Baselines

57 Wm. & Mary L. Rev 1083 (2016), Virginia Public Law and Legal Theory Research Paper No. 49
Number of pages: 65 Posted: 02 Sep 2015 Last Revised: 31 Mar 2016
Josh Bowers
University of Virginia School of Law
Downloads 89 (165,870)

Abstract:

Plea-bargaining, guilty pleas, coercion, proportionality, legality, equitable discretion, Lafler v. Cooper, Missouri v. Frye, NFIB v. Sebellius

11.

Blame by Proxy: Political Retributivism & Its Problems, A Response to Dan Markel

Virginia Journal of Criminal Law, Vol. 1, 2012, Virginia Public Law and Legal Theory Research Paper No. 2011-42
Number of pages: 34 Posted: 19 Oct 2011 Last Revised: 21 Feb 2012
Josh Bowers
University of Virginia School of Law
Downloads 84 (214,063)

Abstract:

Retribution, Retributivism, Particularism, Criminal Theory, Legal Theory, Equity, Equitable Discretion, Political Obligation, Political Retributivism, Dan Markel

12.

Fundamental Fairness & the Path from Santobello to Padilla: A Response to Professor Bibas

California Law Review, Forthcoming, Virginia Public Law and Legal Theory Research Paper No. 2011-31
Number of pages: 18 Posted: 09 Sep 2011 Last Revised: 13 Sep 2011
Josh Bowers
University of Virginia School of Law
Downloads 79 (244,737)

Abstract:

Plea-bargaining, guilty pleas, ineffective assistance of counsel, fundamental fairness, accuracy, Padilla v. Kentucky, Santobello v. New York, Brady v. United States, Bordenkircher v. Hayes, Hill v. Lockhart, Strickland v. Washington

13.

Lafler, Frye, and the Subtle Art of Winning by Losing

Federal Sentencing Reporter, Vol. 25, No. 2, pp. 126-130, 2012, Virginia Public Law and Legal Theory Research Paper No. 2013-18
Number of pages: 7 Posted: 09 May 2013 Last Revised: 18 Sep 2013
Josh Bowers
University of Virginia School of Law
Downloads 48 (292,995)

Abstract:

Plea-bargaining, guilty pleas, ineffective assistance of counsel, right to counsel, Gideon v. Wainwright, Lafler v. Cooper, Missouri v. Frye, defense counsel, defense attorneys, prosecutors

14.

Physician, Heal Thyself: Discretion and the Problem of Excessive Prosecutorial Caseloads, a Response to Adam Gershowitz and Laura Killinger

Northwestern University Law Review Colloquy, Forthcoming
Number of pages: 18 Posted: 12 Jun 2011
Josh Bowers
University of Virginia School of Law
Downloads 48 (300,455)

Abstract:

Prosecutorial discretion, charging discretion, caseloads, public defenders, prosecutors

15.

Upside-Down Juries

Northwestern University Law Review, Forthcoming, Virginia Public Law and Legal Theory Research Paper No. 2017-17
Number of pages: 29 Posted: 12 Apr 2017
Josh Bowers
University of Virginia School of Law
Downloads 0 (231,013)

Abstract:

Juries, Sixth Amendment, Democratic Experimentalism, Popular Participation, Particularism

16.

Annoy No Cop

University of Pennsylvania Law Review, Vol. 166, Forthcoming, Virginia Public Law and Legal Theory Research Paper No. 2017-10
Number of pages: 75 Posted: 07 Mar 2017 Last Revised: 14 Mar 2017
Josh Bowers
University of Virginia School of Law
Downloads 0 (319,321)

Abstract:

Fourth Amendment, Legality, Autonomy, Conduct Rules, Arrests, Searches and Seizures, Order-Maintenance Policing, Understanding, Rule of Law