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July 13, 2005

Booker and other fine coverage in the Harvard Law Bulletin

Hlb_summercoverI just received in the mail the summer issue of the Harvard Law Bulletin, and I was quite pleased to see my law school alumni magazine devoting an entire special issue to crime and punishment.  I was also pleased to see the fine job the Bulletin did covering Booker in this article entitled "Aftermath: The federal sentencing guidelines are dead. Long live the guidelines."  Astute readers will note that both the Bulletin's article title, and the article's closing lines, sample (with my permission) from this blog post, and the article also quotes some of my favorite lines from this other post ("The revenge of Breyer?").

The entire crime-and-punishment special issue of the Bulletin — which includes articles on wrongful convictions, the war on drugs, the new leader of DHS, and the Rwanda genocide — merits a close read.  I found the Booker article especially engaging in part because of some interesting quotes from HLS Professors Carol Steiker and William Stuntz.  Of particular note, Bill Stuntz asserts that "Booker gets us to a good result.  It may lead us as close to an ideal system as we may ever get — rules moderated by mercy." 

That quote especially caught my eye because, as discussed here and here, last Fall I participated in a Harvard Law School panel during which Bill Stuntz was critical of the Blakely decision.  As the panel compared Blakely to other big constitutional rulings, Stuntz suggested that Blakely might be remembered more like Lochner than like Brown.  Given his positive review of Booker, apparently Stuntz has now concluded that yet another switch in time (i.e., Justice Ginsburg's defection to join Justice Breyer's remedial opinion in Booker) has saved nine.

July 13, 2005 at 02:01 AM | Permalink


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