Sentencing Law
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Cars, Celebrities, Death Penalty, Environment / Environmental Law, Gay Marriage, Morning Docket, Music, New Jersey, Politics, Porn Names, Prisons, Sentencing Law, Trademarks
Morning Docket: 12.18.06
* Solitary confinement, cruel and unusual? Cruel, perhaps, but not that unusual. [St. Petersburg Times via How Appealing] * Florida and California decide to take a little break on the whole lethal injection thing. [CNN] * New Jersey Legislature does what New Jersey’s Supreme Court told them to. [FindLaw] * Mariah Carey is concerned that […]
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9th Circuit, Blog Wars, Douglas Berman, Habeas Corpus, Harry Pregerson, Law Professors, Orin Kerr, SCOTUS, Sentencing Law, Supreme Court
Sentencing Law Smackdown: Berman v. Kerr
It is SO ON. More on Judge Pregerson’s Opinion in Carrington v. United States [Volokh Conspiracy] More Kerr on Carrington and mandate recall discretion [Sentencing Law and Policy] Distinguishing finality interests between convictions and sentences [Sentencing Law and Policy] Earlier: Sentencing Law Smackdown: Berman v. Kerr? Judge Harry Pregerson Is Cruisin’ for a Bruisin’ - Sponsored
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9th Circuit, Advertising, Blog Wars, Douglas Berman, Harry Pregerson, Law Professors, Orin Kerr, Sentencing Law
Sentencing Law Smackdown: Berman v. Kerr?
On Wednesday, Professor Orin Kerr sarcastically mocked — and also analytically attacked — the Ninth Circuit’s recent decision in Carrington v. United States (PDF). In an opinion by liberal stalwart Harry Pregerson, the court authorized resentencing in two cases from the Mesozoic Era the 1990’s. We wrote about the decision here. We expressed interest in […]
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9th Circuit, Benchslaps, Consuelo Callahan, Douglas Berman, Harry Pregerson, Howard Bashman, Orin Kerr, SCOTUS, SCOTUS Potential, Sentencing Law, Stephen Reinhardt, Supreme Court
Judge Harry Pregerson Is Cruisin' for a Bruisin'
Or at least a big benchslap upside the head, courtesy of the Supreme Court. Per Orin Kerr: A lot of people have talked about the Supreme Court’s small docket; Judge Harry Pregerson of the Ninth Circuit is actually doing something about it. He handed down an opinion today in Carrington v. United States that has […] -
Blogging, Books, Charles Fried, Constitutional Law, Free Speech, Gay Marriage, Neal Katyal, Politics, SCOTUS, Sentencing Law, Stephen Breyer, Supreme Court
The Breyer-Fried Discussion: Some Highlights (Part 2)
This is a continuation of our prior post about an event we recently attended at Georgetown Law School, “On Liberty: A conversation between Justice Stephen Breyer and Professor Charles Fried.” For more background about the event, click here. For the conclusion to our write-up, keep on reading. We bring you a “true confession” from Justice […] -
Celebrities, Football, Holidays and Seasons, Jews, Morning Docket, Prisons, Religion, Sentencing Law, WSJ Law Blog
Morning Docket: 12.11.06
* Congrats to Troy Smith on winning the Heisman. As always, there’s a legal connection, which this time involves Ohio State, the Heisman, Archie Griffin, and Woody Hayes. [WSJ Law Blog] * All Christmas trees have been removed from the Seattle airport, after a rabbi threatened to sue unless an eight-foot menorah was put up. […]
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Crime, Morning Docket, Racism, Rape, Real Estate, Sentencing Law, War on Terror
Morning Docket: 11.21.06
* Third Marine pleads guilty in Iraq civilian murder case. [Jurist] * Villaraigosa says L.A.’s not going out like that. [CNN] * Ah, the old disaster-victim-flip-this-house ploy; works every time. [AP via Online Athens] * Man, talk about putting the victim on trial. [AP via Yahoo!]
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Canada, Perverts, Sentencing Law, Sex
If We End Up Getting Stuck With That Perv... Blame Canada
The United States and Canada are playing “hot potato” with sex offender Malcolm Watson. Here’s the latest development in the story (which we’ve been following): An American teacher allowed to serve probation in Ontario for a misdemeanour sex offence was never “exiled” to Canada as was widely reported, the U.S. judge who approved the deal […] - Sponsored
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Celebrities, Crime, Death Penalty, Deaths, Divorce Train Wrecks, Election Law, Family Law, Kids, Morning Docket, Murder, Politics, Rape, Sentencing Law, Sex
Morning Docket: 11.09.06
* Democrats likely to officially declare victory today in the Senate; Allen “has no intention of dragging this out.” [CNN; Election Law Blog] * Thank you sir may I have another… .life sentence; Malvo gets life in Maryland. [CNN; Washington Post; Baltimore Sun] * Another one bites the KCl in Texas. [CourtTV] * KFed wants […]
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Blogging, Borat, Election Law, Movies, Non-Sequiturs, Politics, Sentencing Law, Sex Scandals
Non-Sequiturs: 11.06.06
* I didn’t realize that it has been at least four years since people have been writing for nothing but personal satisfaction. Well, Happy Birthday, Legal Reader! [Legal Reader] * I haven’t made up my mind regarding voter irrationality, but I know this is why I hate politics (and why those swayed to vote by […] -
Canada, Immigration, Perverts, Sentencing Law, Sex
Canada to U.S.: Please Send Your Pervs to Mexico
Okay, they didn’t quite say that. But they might as well have. A quick update on a story we previously wrote about: An American schoolteacher sentenced to three years’ probation — to be served in Canada — [was] detained at the border, Public Safety Minister Stockwell Day has confirmed. Malcolm Watson, who was convicted of […] -
Email Scandals, Enron, Jeffrey Skilling, Non-Sequiturs, Politics, Ridiculousness, Sentencing Law, Sex Scandals, White-Collar Crime
Supplemental Non-Sequiturs: 10.27.06
Delightful links, hand-picked with loving care by Stella Q, will appear later today. For now, here a few other quick links that caught our eye recently: * Curious about how many Americans share your full name? Now you can find out. [TaxProf Blog] * “Zagat’s for prisons.” Good stuff. [WSJ Law Blog] * Professor Dimino […] -
Money, Movies, Nuns, Religion, Sentencing Law
Some Advice for Those Nuke-Hating Nuns
Our little throwaway post from yesterday afternoon — about three nuke-protesting nuns, who previously served prison terms for their protests, and who may be returning to prison for refusing to pay restitution to the military — prompted several reader comments. The discussion turned dangerously substantive. The law of restitution was discussed; actual statutes were cited. […]
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Nuns, Religion, Sentencing Law
These Nuns Deserve a Break Today
This strikes us as a bit unreasonable: A federal judge has rejected the community-service plans he requested 10 months ago from three nuns convicted of hurting national defense when they protested U.S. nuclear policies at a missile silo. That means Dominican Sisters Ardeth Platte, Carol Gilbert and Jackie Hudson could face more time in jail […] -
Canada, Perverts, Sentencing Law, Sex
Because Canada Is Suffering from a Pervert Shortage
We’re all in favor of innovation in criminal sentencing. But this struck us as a little weird: After a judge convicted him of sexually abusing a 15-year-old student, teacher Malcolm Watson was offered two punishment options: an American jail cell or exile to Canada. Mr. Watson chose Canada. The unusual sentence, which has immigration lawyers […] -
Enron, Jeffrey Skilling, Movies, Sentencing Law, White-Collar Crime
Jeff Skilling's Sentence: Like a Lord of the Rings Movie
Really, really long.* To wit, 292 months long. For the mathematically challenged among you, that’s 24 years and four months. Ouch. But given the size and scope of the Enron fraud, the lengthy sentence may be appropriate (even if it’s higher than many Wall Streeters expected). You can compare Jeffrey Skilling’s sentence to those of […] -
9th Circuit, Defamation, Drugs, Eminent Domain, Football, Law Schools, Marijuana, Morning Docket, Sentencing Law
Morning Docket: 10.16.06
* The Ninth Circuit has issued an opinion and order upholding a conscience-shocking 159-year sentence it wishes it didn’t have to affirm. Our opinion is saying no, but our order is saying yes, yes, yes! [Los Angeles Times via How Appealing] * The world of law school rankings used to be so innocent. With all […]
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10th Circuit, Federal Judges, Lesbians, Morning Docket, Murder, Robert Wone, Sentencing Law
Morning Docket: 10.09.06
North Korea now has nukes. Happy Columbus Day! A number of you — e.g., federal government employees — are probably enjoying a day off right now. But for those of you who are stuck in the office and looking for distraction, you can always count on us to provide it. * A California appeals court […]
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9th Circuit, FCC, SCOTUS, Sentencing Law, Stephen Reinhardt, Supreme Court
The Upcoming SCOTUS Term: More of the Same
Howard Bashman offers a preview of the upcoming Supreme Court Term at Law.com. And based on the cases on the oral argument calendar so far, October Term 2006 isn’t looking terribly exciting. The more things change, the more they stay the same. Here’s our irreverent digest of Bashman’s lengthier analysis: Lopez v. Gonzales, Toledo-Flores v. […]