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January 24, 2007

Hoping for Cunningham scholarship

Especially with Claiborne and Rita afoot in the Supreme Court and the potential for Cunningham chaos in California, I am hoping we might see in some forum a quick blast of Cunningham analysis from both scholars and practitioners.  Two super-smart law profs, as well as many commentors, have already started this important dialogue, but I am unable to harness and organize this important work effectively or systematically on this blog (although I may try to do so through the Federal Sentencing Reporter). 

Perhaps one or more of the growing number of high-profile on-line companions to high-profile student law journals (background here and here) might jump on Cunningham ASAP.   As Orin Kerr spotlights here, the Virginia Law Review has now joined the club of more than a half-dozen major journals with an on-line companion.  These on-line journals would seem perfectly suited to take up the Cunningham challenge.  Will any?

January 24, 2007 at 09:57 AM | Permalink


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Conrad V Aceves

Posted by: Ron Conrad | Jan 24, 2007 10:50:35 PM

I just read Linda Greenhouse's article on Cunningham in the New York Times. It says Prof. Berman said the decision in Cunningham confirmed the Supreme Court as "the most liberal, pro-defendant court in the country on sentencing procedure."

I see the Supreme Court differently than Prof. Berman. Booker's rejection of sentencing juries in favor of a scheme that allows judges to impose any sentence within the entire statutory range does not seem very "pro-defendant" to me. Certainly, it appears to be less "pro-defendant" than the state courts that have opted for sentencing juries.

Posted by: HBK | Jan 25, 2007 12:26:38 PM

The California Supreme Court and the Court of Appeal have just let my Petition and Motion to Recall the remittitur and my habeas just sit without even acting on it or filing it. Strange!!

Posted by: Ronald Richards | Jan 26, 2007 10:54:19 AM

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