Professor Alschuler Speaks!

I am very pleased that now ready for posting and available for download below is a commentary by University of Chicago Professor Albert W. Alschuler entitled "To Sever or Not To Sever? Why Blakely Requires Action by Congress." (This piece is slated for publication in the October 2004 issue of the Federal Sentencing Reporter, which will be FSR's second rapid-fire special Blakely issue. The first special FSR Blakely issue is on its way to press and I will detail its full contents in a coming post.)

Professor Alschuler has been a long-time friend of FSR and a leading commentator on sentencing reform for over 25 years. See, e.g., Albert W. Alschuler, The Failure of Sentencing Guidelines: A Plea for Less Aggregation, 58 U. Chi. L. Rev. 901 (1991); Albert W. Alschuler, Sentencing Reform and Prosecutorial Power: A Critique of Recent Proposals for “Fixed” and “Presumptive” Sentencing, 126 U. Pa. L. Rev. 550 (1978). I am very glad that he is quickly contributing his views on Blakely and that FSR will publish his efforts.

Professor Alschuler's article on Blakely is a wonderful read (despite the fact he seriously takes issue with the views expressed in my advice to Congress here). Throughout this article, Professor Alschuler makes numerous insightful observations with a particular emphasis on the key severability issue, and his piece culminates with a set of five proposals to enable Congress to fix the Blakely mess. Enjoy.
Download alschuler_blakely_commentary.doc