« Bowman Sorts the Rita/Claiborne Arguments | Main | Two reads before tomorrow's SCOTUS excitement »

February 18, 2007

Revving up for Claiborne and Rita: shameless self-promotion

I am so eagerly anticipating the Supreme Court's work in Claiborne and Rita in part because I have written so much over the last few years about Blakely, Booker and modern sentencing reforms in light of the Court's modern sentencing jurisprudence.  With the arguments in Claiborne and Rita now only days away, I cannot resist this self-serving post assembling some of my major writings (with dates of publication):

Major Articles

Major Commentaries

Major Amicus Efforts

February 18, 2007 at 02:25 AM | Permalink


TrackBack URL for this entry:

Listed below are links to weblogs that reference Revving up for Claiborne and Rita: shameless self-promotion:


Prof. Berman, I'm still having trouble squaring your proposed offense/offender distinction with Ring, which, per Apprendi, required the jury to decide offender characteristics (i.e., aggravating factors in a capital sentencing proceeding) and disallowed a judge from doing so.

It doesn't seem like a viable distinction to me, given Ring.

Posted by: Matthew Byrne | Feb 18, 2007 8:43:36 PM

Matt, with my offense/offender distinction, I am not trying to perfectly describe how the Court has developed its Sixth Amendment jurisprudence, rather I have been trying to suggest how the Court should develop this jurisprudence.

Posted by: Doug B. | Feb 19, 2007 12:54:51 AM

Interesting, Doug. Thanks.

Posted by: Byrne | Feb 19, 2007 4:37:01 PM

Post a comment

In the body of your email, please indicate if you are a professor, student, prosecutor, defense attorney, etc. so I can gain a sense of who is reading my blog. Thank you, DAB