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November 15, 2005

Lots of sentencing in Harvard Law Review Supreme Court issue

Thanks to Orin Kerr at Volokh, I see that the Harvard Law Review's annual Supreme Court issue is now available here.  Seventh Circuit Judge Richard Posner is the author on a intriguing Foreword, entitled A Political Court, which includes extended discussions of Booker and Roper.  Also three professors have shorter articles using Roper as a jumping off point for discussing the role of foreign and international law in constitutional decisions.

The student case analysis of leading cases from the 2004 Term does not include much sentencing discussion, but there is this effective Booker piece.  Indeed, Judge Posner's discussion of Booker in his Foreword is, by my lights, flawed on many counts.  But the student Booker note delivers this astute final analysis:

Whatever the decision's internal inconsistencies, and however uncertain its implications for federal sentencing, Congress should view Booker not as an invitation to immediate legislative response, but as an opportunity to articulate a more principled basis for sentencing decisions and to institute sensible structural reforms.

November 15, 2005 at 10:57 PM | Permalink


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