Can Criminal Law Be Controlled?
This review of Douglas Husak's 2008 book, Overcriminalization: The Limits of the Criminal Law, summarizes and largely endorses Husak's normative argument about the indefensible expansiveness of much contemporary criminal liability. It then offers a skeptical (or pessimistic) argument about the possibilities for a normative theory such as Husak's to have much effect on criminal justice policy in light of the political barriers to reform.
Darryl K. Brown. "Can Criminal Law Be Controlled?" Michigan Law Review 108.6 (2010): 971-991.
Available at: http://works.bepress.com/darrylbrown/10