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How much can and will the "tenth justice" influence sentencing jurisprudence?

By Douglas A. Berman

I have not yet done a "what might be in store" post about sentencing jurisprudence because there are so many uncertain variables.  For example, right now there is the pending Ice Sixth Amendment case awaiting a decision from the Supreme Court (basics here), the latest en banc acquitted conduct federal sentencing ruling from the Sixth Circuit (basics here), and lots cases involving important constitutional challenges to long state prison sentences (see recent examples from Califorinia and Florida and Georgia). Against this backdrop, I was especially intrigued to see this new Bloomberg reportindicating that two notable academics are on the Obama team's short list for Solicitor General: The first female deans of the Harvard and Stanford law schools are the top candidates to serve as Barack Obama?s voice at the U...continue to full post

Full post as published by Sentencing Law and Policy on January 04, 2009 (boomark / email).