Exercising discretion is an integral part of being a manager or a business owner. Discretion relates to the freedom to make decisions within the constraints of your authority and applying caution in ...

The digital health ecosystem has swelled to encompass a broad range of products over the years. On one end of the spectrum is software-as-medical-devices (SaMD) and prescription digital therapeutics, ...

It might seem entirely reasonable to expect that prosecutors will always prosecute an offense. After all, it is right there in the name. However, in becoming the latest legislative body to draw this ...

JURIST Guest Columnist Carolina Núñez of the Brigham Young University J. Reuben Clark Law School says that recent judicial and executive pronouncements highlight the role and importance of discretion ...

Thomas R. Newman and Steven J. Ahmuty, Jr. Thomas R. Newman and Steven J. Ahmuty Jr. Before addressing this month’s topic, we want to note that 2025 will mark the 50th anniversary of Tom Newman taking ...

Prosecutorial discretion is a hot topic these days. The Obama administration couched its immigration non-enforcement policy decision in terms of prosecutorial discretion. Attorney General Holder ...

An interesting analysis by Prof. Josh Blackman, which I thought I’d pass along; this isn’t my core area, so I don’t have a well-developed view on the subject, but Prof. Blackman’s analysis [UPDATE: ...

In a free society, we strive to eliminate the punishments that make discretion a rational choice—and not glorify discretion as a virtue when it is actually a vice. Keith E. Whittington, professor of ...

Put generally, prosecutorial discretion is the power not to act to enforce the law. In Part One of this series, I focused on the debated nature and origins of prosecutorial discretion. My goal in Part ...

President Obama has vowed to take executive action on immigration reform and the big debate, right now, is over how far he can go. The left has confidently asserted that Obama has wide-ranging ...