T. Alper, The Danger of Winning: Contract Law Ramifications of Successful Bailey Challenges for Plea-Convicted Defendants, 72 N.Y.U. L. Rev. 841 (1997)
Evaluates contract law ramifications of successful challenges for plea-convicted defendants. Examination of district courts that allowed reindictment subsequent to successful collateral attack; Defendant obligations under a typical plea agreement; Factors dictating the frequency of using the contract law doctrine of frustration of purpose.