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Law Professor Blogs, LLC is the nation's only network of legal blogs edited primarily by law professors. Law Professor Blogs, LLC’s legal blogs are edited by over 100 law professors, deans, and lawyers. Editors include leading scholars and educators who are committed to providing the web source of legal news, information, commentary, and analysis for law professors, practitioners, government and nonprofit lawyers, and students in their respective fields. Most of the network’s blogs are owned by Law Professor Blogs, LLC. Several blogs are affiliates of the network.

"What a Libertarian Attorney General Could Do"

By Douglas Berman

January 23, 2021

The title of this post is the title of this new Cato commentary by Clark Neily. I recommend the whole piece, and here are some excerpts: Inauguration Week seems like an opportune time to think how much more just the Department of Justice could be if President Biden took the bold step of putting a libertarian in charge of it. As I’ve written before, our criminal justice system is fundamentally rotten — it punishes vast…

Sentencing Law and Policy

37 Democratic member of Congress call on Prez Biden to "commute the sentences of all those" on federal death row

By Douglas Berman

January 23, 2021

Via this letter, more than three dozen congressional Democrats has urge to communte the federal death sentences of all 49 condemned men on federal death row. Here are excerpts from the letter: We write to you today with grave concerns regarding the federal death penalty. As members of Congress, we stand ready to work with you on your commitment to rebuilding the dignity of America. We believe that rebuilding the dignity of America requires…

Sentencing Law and Policy

"Can We Wait 60 Years to Cut the Prison Population in Half?"

By Douglas Berman

January 22, 2021

The question in the title of this post is the title of this new publication authored by The Sentencing Project’s Senior Research Analyst Nazgol Ghandnoosh. Here is how it gets started: The U.S. prison population declined 11% in 10 years after reaching an all-time high in 2009. This modest reduction follows a nearly 700% increase in the prison population between 1972 and 2009. As of year end 2019, 1.4 million people were in U.S. prisons;…

Sentencing Law and Policy

Some turn-of-the-year highlights from <em>Marijuana Law, Policy & Reform</em>

By Douglas Berman

January 22, 2021

I have not done a round-up of posts from my blogging over at Marijuana Law, Policy & Reform since early December, and I am especially eager to flag my new article (authored with Alex Kreit), “Ensuring Marijuana Reform Is Effective Criminal Justice Reform.” So here are links to various recent posts at the intersection of criminal justice reform and marijuana reform from MLP&R: Catching up on a remarkable political moment for marijuana reform …

Marijuana Law, Policy & Reform

"Ensuring Marijuana Reform Is Effective Criminal Justice Reform"

By Douglas A. Berman

January 22, 2021

The title of this article is the title of this new article that I wrote along with Alex Kreit that is now available via SSRN. Here is its abstract: In less than a decade, marijuana legalization has gone from unthinkable to seemingly unstoppable. This essay — written for a special……

Sentencing Law and Policy

Notable OLC opinion on "Home Confinement of Federal Prisoners After the COVID-19 Emergency"

By Douglas Berman

January 21, 2021

In this post from this past October, I wondered “Will some (most? all?) federal prisoners transferred to home confinement be returned to prison after the pandemic ends?”. That post was prompted by this Walter Palvo piece at Forbes reporting on a US Attorney suggesting that persons who BOP placed on home confinement in response to COVID would be returned to prison after the pandemic ended for any remaining time. Though the end of the pandemic still…

Sentencing Law and Policy

Anyone bold enough to make predictions about the federal prison population — which is now at 151,646 according to BOP?

By Douglas Berman

January 21, 2021

Regular readers know that I have been following federal prison population data quite closely during the COVID era and giving particular attention to the numbers the federal Bureau of Prisons updates weekly at this webpage. This morning, which just happens to be the first full day of the new Biden Administration, BOP reports “Total Federal Inmates” at 151,646. I am very curious to hear predictions as to what this number might be a year…

Sentencing Law and Policy

"Prosecutorial Elections: The New Frontline in Criminal Justice Reform"

By Douglas Berman

January 21, 2021

The title of this post is the title of this great symposium taking place (on Zoom) on February 19, 2021. The Ohio State Journal of Criminal Law, together with the Drug Enforcement and Policy Center, has put together a series of terrific panels for this event. This link provides a registration form, and here is schedule for the symposium: 10:30 a.m.-12:00 p.m.: Prosecutor 2.0 — How has the job changed since the emergence of…

Sentencing Law and Policy

Timely reminder that Congress has a critical role to play in reforming clemency conditions

By Douglas Berman

January 20, 2021

Former US pardon attorney Margaret Colgate Love has this great new Washington Post piece highlighting that Congress can and should create statutory record relief mechanisms (as nearly all states have) in order to prevent clemency from serving as the only means for persons with federal criminal records to find relief. I recommend the piece in full, and here are excerpts: The core problem that has led to pardon’s abuse is that the justice system has…

Sentencing Law and Policy

Reviewing some notable data after a notably final clemency flourish by Prez Trump

By Douglas Berman

January 20, 2021

A few months ago, I noted in this post a Pew Research Center piece, “So far, Trump has granted clemency less frequently than any president in modern history,” which assailed then Prez Trump’s “sparse use” of his clemency powers as of Nov 2020. At that time, I called the Pew piece a bit unfair because it compared Trump’s record in his (then-not-complete) first term to mostly two-term Presidents. I also noted that Prez…

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"What a Libertarian Attorney General Could Do"

37 Democratic member of Congress call on Prez Biden to "commute the sentences of all those" on federal death row

"Can We Wait 60 Years to Cut the Prison Population in Half?"

Some turn-of-the-year highlights from <em>Marijuana Law, Policy & Reform</em>

"Ensuring Marijuana Reform Is Effective Criminal Justice Reform"

Notable OLC opinion on "Home Confinement of Federal Prisoners After the COVID-19 Emergency"

Anyone bold enough to make predictions about the federal prison population — which is now at 151,646 according to BOP?

"Prosecutorial Elections: The New Frontline in Criminal Justice Reform"

Timely reminder that Congress has a critical role to play in reforming clemency conditions

Reviewing some notable data after a notably final clemency flourish by Prez Trump

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