ANTHONY AMSTERDAM

Prosecutorial charging and plea bargaining discretion, jury discretion to convict of one or another amorphously distinguished capital or non-capital crime, and gubernatorial discretion to grant or withhold clemency are all equally uncontrolled and uncontrollable.

The declaration that any legal issue is "not an open question in a law school" is a declaration of war upon everything that a law school is. Most fundamentally, a law school is a place of intellectual inquiry, where the acceptability of ideas can only be determined by examining them.

The declaration that any legal issue is "not an open question in a law school" is a declaration of war upon everything that a law school is. Most fundamentally, a law school is a place of intellectual inquiry, where the acceptability of ideas can only be determined by examining them.

Prosecutorial charging and plea bargaining discretion, jury discretion to convict of one or another amorphously distinguished capital or non-capital crime, and gubernatorial discretion to grant or withhold clemency are all equally uncontrolled and uncontrollable.