June 9, 2006
A sad commentary on legal buzz
Regular readers likely recognize the name of District Judge Gregory Presnell, who long ago secured a place in my Sentencing Hall of Fame because of his many strong post-Blakely and post-Booker sentencing opinions. (Just some of these opinions are linked below.)
Disappointingly, I have never seen this courageous jurist garnering significant attention in the traditional media or blogosphere for his copious and thoughtful sentencing work. However, a brief order requiring (un)civil lawyers to resolve a discovery dispute by playing rock-paper-scissors, has made Judge Presnell the darling of the New York Times and other media and many in the blogosphere. Appropriately, TChris at TalkLeft in this post shifts the focus back to Judge Presnell's sentencing work.
Some notable sentencing opinions from Judge Presnell:
June 9, 2006 at 11:48 AM | Permalink
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"My Judge Presnell"? that's weird.
And don't get all righteous on us Professor -- you love this sort of pop-culture thing, don't you?
Posted by: | Jun 9, 2006 11:55:37 AM
Sorry for the (Freudian?) typo that's now been fixed. And though I do love the playfulness of Judge Presnell's order, I wish his forceful and important sentencing work would garner nearly as much attention. Perhaps he should require the government to beat defendants in games of Monopoly before then can seek certain guideline enhancements....
Posted by: Doug B. | Jun 9, 2006 12:50:09 PM
That's a strange position to take speedy gonzalez.
Posted by: | Jun 9, 2006 2:59:15 PM
If it takes publicity garnered by Judge Presnell's creative application of an alternative form of dispute resolution to bring attention to his sentencing work, so be it. The 'playfulness' of the good judge's order masks its intriguing similarity with comparable phenomena in decision-making, distributive justice and dispute resolution. See, for instance, Jon Elster's Solomonic Judgements: Studies in the Limitations of Rationality (1989).
Posted by: Patrick S. O'Donnell | Jun 9, 2006 7:16:51 PM