Topic
Due Process
1,502 published works
Sentencing Law and Policy
Burdens of proof and a new due process of sentencing
Main January 21, 2005Burdens of proof and a new due process of sentencingSteve Sady over at the Ninth Circuit blog has this important and powerful post arguing that, after Booker,…
Sentencing Law and Policy
Increased sentences post-Booker
Main January 21, 2005Increased sentences post-BookerIn this post late last night discussing post-Booker sentencing anecdotes, I noted the story of US District Judge Randy Crane using his new discretion to…
Sentencing Law and Policy
Ex post facto, due process and cases in the pipeline
Main January 18, 2005Ex post facto, due process and cases in the pipelineIn this post and in my testimony in November to the US Sentencing Commission, I spotlighted ex post…
Sentencing Law and Policy
MorningBookerinsights
Main January 17, 2005Morning Booker insightsThere are a range of interesting Booker items this morning. In this Los Angeles Times commentary, Professor Alan Dershowitz discusses the Supreme Court Justices as…
New Jersey Family Law
New Jersey Divorce : Constitutional Protections
Domestic Violence trials are often short. But sometimes the attempt to abbreviate the proceeding can result in the deprivation of fundamental rights. Here, the failure of the trial judge to…
Sentencing Law and Policy
Brief (and compelling) weekend reading about mandatories
Main November 20, 2004Brief (and compelling) weekend reading about mandatoriesIn this post, I criticized Utah US District Judge Paul Cassell's decision in the Angelos mandatory minimum case for its summary…
Sentencing Law and Policy
Justice Kennedy’s interesting interest
Main October 5, 2004Justice Kennedy's interesting interestIn the course of my Legal Affairs debate last week (available here), I lamented that the Blakely line of cases has a troublesome "binary"…
Sentencing Law and Policy
More onHammoudand otherBlakelynews
Main September 9, 2004More on Hammoud and other Blakely newsWith the help of a business center at the DC Convention Center, I am pleased to be able to get a…
Sentencing Law and Policy
Do-overs?
Main August 4, 2004Do-overs?In the wake of Blakely, I have lately been recalling childhood days when a simple shout of "Do-over!" could remedy mistakes on the playground. (I also recall…
Supreme Court Update
Lawrence v. Texas (02-102), Stogner v. California (01-1757), and United States v. American Library Assn (02-361)
Finally, I'm back! Thanks for your patience. We have a lot of ground to cover -- 6 decisions and 2 order lists -- so I'll split it up into a…