Josh Bowers

University of Virginia School of Law

580 Massie Road

Charlottesville, VA 22903

United States

SCHOLARLY PAPERS

17

DOWNLOADS
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3,854

CITATIONS
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SSRN RANKINGS

Top 25,297

in Total Papers Citations

10

Scholarly Papers (17)

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 628 (37,444)
Citation 2

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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 517 (48,126)

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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 482 (52,565)
Citation 1

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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 392 (67,677)
Citation 4

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drug treatment, war on drugs

5.

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 301 (92,288)

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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

6.

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 260 (107,239)

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

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 182 (151,610)
Citation 2

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

8.

White Paper of Democratic Criminal Justice

Northwestern University Law Review, Vol. 111, No. 6, 2017, Wayne State University Law School Research Paper No. 2017-39, Northwestern Law & Econ Research Paper No. 17-18
Number of pages: 14 Posted: 02 Nov 2017 Last Revised: 05 Dec 2017
Northwestern University - Pritzker School of Law, Willamette University College of Law, Wayne State University Law School, University of Illinois College of Law, University of Virginia School of Law, Australian National University (ANU) - Research School of Social Sciences (RSSS), Northwestern University - Pritzker School of Law, University of Stirling, Bowling Green State University, Northwestern University - Pritzker School of Law, Harvard Law School, Notre Dame Law School, Northwestern University - School of Law, University at Buffalo Law School, University of Pennsylvania Law School, University of California, Berkeley, Boalt Hall, School of Law, Brooklyn Law School, Yale University - Law School and Yeshiva University - Benjamin N. Cardozo School of Law
Downloads 158 (171,612)

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Criminal Law, Criminal Procedure, Sentencing, Policing, Prosecutors, Criminal Justice Reform, Democracy, Democratic Criminal Justice

9.

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 158 (171,612)

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

10.

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 131 (200,101)

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

11.

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 126 (206,294)

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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

12.

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 114 (222,264)

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

13.

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 107 (232,627)

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

14.

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 88 (264,921)

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

15.

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 87 (266,849)

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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

16.

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 65 (315,408)

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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

17.

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 58 (334,040)

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