March 7, 2007
It truly is an honor just to be nominated
Arriving in my mail today was a copy of the latest issue of The Green Bag, and the cover letter informed me that "my recent work was nominated as an example of excellent legal scholarship" and received "an honorable mention" in the Green Bag's second annual Almanac & Reader. Since I have have a whole lot of recent work (not just on this blog, but also in more traditional scholarly fora), I turned to the "Recommend Reading" section giddy with anticipation about which work of mine had earned me this great honor.
I was pleased to discover that I was one of 17 persons with a "long article" mentioned in the "Recommend Reading" section of the new Green Bag. And I was even more pleased that the article selection is a piece that is one of my personal favorites, but among my least cited, explorations of the Blakely and Booker revolution: Beyond Blakely and Booker: Pondering Modern Sentencing Process, 95 Journal of Criminal Law and Criminology 654 (2005).
March 7, 2007 at 01:57 PM | Permalink
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Also, Judge Young's opinion in Kandirakis, which opens with a quote from you, was one of the winners.
Posted by: | Mar 7, 2007 2:08:22 PM
Congrats -- on the Blakely/Booker front -- I have a rather simple question that I can't wrap my head around - Rogers v. Tennessee says that it's a violation of due process to apply a decision retroactively which eliminates an element of the crime. Apprendi/Blakely/Booker/Recuenco all make it clear that the sentencing factors are treated the same way as elements -- so didn't making the guidelines advisory eliminate elements of those crimes? Wherein, every one who committed an offense prior to Blakely, Blakely shouldn't apply?
I know I'm completely missing something here, but I can't put my finger on it.
Posted by: LonesomeClerk | Mar 7, 2007 3:26:18 PM