Rachel E. Barkow

Restructuring Clemency: The Cost of Ignoring Clemency and a Plan for Renewal
Rachel E. Barkow
Segal Family Professor of Regulatory Law and Policy and Faculty Director, Center on the Administration of Criminal Law, New York University School of Law.
Mark Osler
Professor of Law, University of St. Thomas School of Law.

Thanks to Aimee Carlisle, Kadeem Cooper, Heather Gregorio, Steve Marcus, Neal Perlman, and Sam Zeitlin for excellent research assistance. We acknowledge with gratitude the financial support of the Filomen D’Agostino and Max E. Greenberg Faculty Research Fund at NYU.

I.  The Costs of a Latent Pardon Power

A.    The Fading of the Principled Pardon Power