Tuesday, February 18, 2020, 12:30 p.m., 1130 Eck Hall of Law
Speakers: Josh Divine and Marah Stith McLeod
Federal law regularly incorporates state law as its own, but meaningful use of such dynamic incorporation in criminal law is very rare. Its use in the criminal law context could reduce the political inertia that makes reforming criminal laws exceptionally difficult. It could also serve federalism by giving state legislatures the opportunity to exercise greater oversight of enforcement discretion, thereby enhancing enforcement accountability.