The Shifting Consequences of Legality: Rethinking Misconduct in the Public Sector
Abstract
This Article examines what happens when public officials engage in illegal conduct yet face little or no meaningful consequences. The Author argues that illegality still matters becuase laws, statutes, regulations, and constitutional limits are meant to restrain government action. However, recent public sector conduct shows that unlawful acts can become normalized when powers such as Congress or the courts fail to respond. The Article further emphasizes that the focus is not on whether conduct is "right" or "wrong," but rather whether it violates clear legal standards. Ultimately, this Article argues that legal professionals, scholars, and students all have an important role in protecting the rule of law and resisting the normalization of illegal government conduct.
Repository Citation
Andrew Popper,
The Shifting Consequences of Legality: Rethinking Misconduct in the Public Sector,
103
Denver L. Rev. F.
1
(2026).
Available at:
https://digitalcommons.wcl.american.edu/facsch_lawrev/2370