Andrew Gold, ‘From Loyalty to Justice’

“We all have good reason to act justly, but fiduciaries sometimes also have an obligation to act justly out of loyalty. Bruce Green and Rebecca Roiphe’s new paper on the prosecutor as a fiduciary is a powerful illustration of such loyalty. It also provides a compelling account of the prosecutor’s role within the criminal justice system. On their view, prosecutors owe fiduciary duties that require them to pursue the abstract cause of justice. I wish to explore the implications of their approach for fiduciary theory by teasing out several strands of their argument. To begin, however, I will offer a caution. We should recognize that violating a rule of loyalty does not inevitably equate to violating a rule of justice …”

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Andrew S Gold, From Loyalty to Justice 70 American University Law Review Forum 65 (December 2020). Responding to Bruce A Green and Rebecca Roiphe, ‘A Fiduciary Theory of Prosecution’, 69 American University Law Review Forum 805 (2020).

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