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Sixth Amendment

421 published works

  1. Sentencing Law and Policy

    When Justice Scalia sounds like Justice Brennan

    By Douglas Berman

    Main April 18, 2007When Justice Scalia sounds like Justice BrennanI have long joked that if you were to read the Blakely majority opinion with your eyes closed ― which is…

  2. Sentencing Law and Policy

    Some (needed?) help for SCOTUS on Sixth Amendment “first principles”

    By Douglas Berman

    Main April 17, 2007Some (needed?) help for SCOTUS on Sixth Amendment "first principles"As detailed here and here, this morning was civil at the Supreme Court: the Court released opinions in…

  3. Sentencing Law and Policy

    More weekend Sixth Amendment reading

    By Douglas Berman

    Main April 13, 2007More weekend Sixth Amendment readingFor anyone seeking a weekend reading companion to "Apprendi's Domain" (discussed here), there is another newly published piece on sentencing after the Supreme…

  4. Sentencing Law and Policy

    New paper exploring the terrain ofApprendi-land

    By Douglas Berman

    Main April 12, 2007New paper exploring the terrain of Apprendi-landJust posted on SSRN is this new paper (which is forthcoming in the 2007 Supreme Court Review) by Jonathan Mitchell entitled…

  5. Sentencing Law and Policy

    Who is working on the Sixth Amendment part of the SCOTUS playbook?

    By Douglas Berman

    Main April 11, 2007Who is working on the Sixth Amendment part of the SCOTUS playbook?Joan Biskupic had this entertaining article in yesterday's USA Today entitied "Roberts, Scalia strike similar chords…

  6. Sentencing Law and Policy

    Another Amendment to obsess over?

    By Douglas Berman

    Main April 9, 2007Another Amendment to obsess over?I am just back from a terrific faculty workshop in which Prof. Suja Thomas discussed her latest project that builds off her intriguing…

  7. Sentencing Law and Policy

    Sixth Amendment clarity in the midst of March Madness

    By Douglas Berman

    Main April 1, 2007Sixth Amendment clarity in the midst of March MadnessI recently noted here the big habeas development from New York in the form of Portalatin v. Graham, No.…

  8. Sentencing Law and Policy

    Fifth Circuit rejects application ofCrawfordat capital sentencing

    By Douglas Berman

    Main March 30, 2007Fifth Circuit rejects application of Crawford at capital sentencingThanks to How Appealing, I see that the Fifth Circuit has issued a very lengthy opinion in US v.…

  9. Sentencing Law and Policy

    A socialist perspective on sentencing realities

    By Douglas Berman

    Main March 17, 2007A socialist perspective on sentencing realitiesThe Socialist Worker online has this intriguing piece entitled "Incarceration Nation" providing a distinctive perspective on crime and punishment in the United…

  10. Sentencing Law and Policy

    A caseload calm before another Sixth Amendment storm?

    By Douglas Berman

    Main March 14, 2007A caseload calm before another Sixth Amendment storm?Thanks to How Appealing here, I see that the Administrative Office of the U.S. Courts has issued this press release,…