Daniel Harawa (New York University School of Law) has posted Coloring in the Fourth Amendment (Harvard Law Review, Vol. 137, p. 1533, 2024) on SSRN. Here is the abstract: For
decades, a question has simmered in criminal procedure: Can the... [...]
Daniel Harawa (New York University School of Law) has posted Coloring in the Fourth Amendment (Harvard Law Review, Vol. 137, p. 1533, 2024) on SSRN. Here is the abstract: For
decades, a question has simmered in criminal procedure: Can the... [...]
I have listened to most of yesterday's Supreme Court oral argument in City of Grants Pass v. Johnson. I share the basic sentiments reflected in the headlines of these press
accounts of the SCOTUS argument: From the New York Times, "Supreme Court Seems Poised to Uphold Local Bans on Homeless Encampments: A majority of the justices appeared [...]
The US Sentencing Commission yesterday released this new compassionate release data report, which includes data on "the compassionate release motions filed with the courts
and decided during the first quarter of fiscal year 2024." (For the USSC, the first quarter of FY 2024 is actually the last three months of 2023.) I noticed [...]
Ronald J. Allen, Michael S. Pardo, William J. Lawrence, and Christopher Smiciklas (Northwestern University Pritzker School of Law, Georgetown University Law Center, Sidley
Austin LLP and Northwestern University - Pritzker School of Law) have posted Minimal Rationality and the Law... [...]
Maria Dugas (Schulich School of Law, Dalhousie University) has posted Addressing anti-Black Racism in Sentencing: A Critical Comparison of R v Anderson, and R v Morris (The
Canadian Bar Review | December 2024 (v 102(3))) on SSRN. Here is the... [...]
The title of this post is the title of this new book review authored by one of my Ohio State colleagues, Grace Li, now available via SSRN. Here is its abstract: Tommie Shelby’s
2022 book The Idea of Prison Abolition sets out to compile and rearticulate the arguments for and against prison abolition -- using Angela Davis's works as the sole [...]
Dinis Cheian has posted Solving General and Specific Intent: A Mapping on the MPC and Applications to the Categorical Approach (George Mason Law Review, Vol. 32, No. 1, 2024
(forthcoming)) on SSRN. Here is the abstract: The terms “general” and... [...]
As reported in this local piece from Tennessee, a "controversial bill that would allow the state to seek the death penalty for those convicted of rape of a child passed the
House of Representatives Monday, clearing the final legislative hurdle before becoming law in Tennessee." Here are the basics: HB1663, by House Majority Leader [...]
As reported here, last week the the US Sentencing Commission voted unanimous to promulgate a number of notable new guideline amendments, including most notably an amendment
to preclude the use of acquitted conduct in guideline calculations. (The promulgated amendments passed by the Commission are posted here). Perhaps because acquitted [...]
Pierre-Hugues Verdier (University of Virginia School of Law) has posted Transnational Enforcement Leadership and the World Police Paradox (Virginia Journal of International
Law, Vol. 64, p. 239) on SSRN. Here is the abstract: In an international system that lacks centralized... [...]