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Criminal Law
: Sentencing Law and PolicyHow and how much does lawyering impact sentencing outcomes?
By Douglas A. Berman
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Nearly a decade ago, I wrote an article for the Iowa Law Review that sought to explore the question in the title of this post. (The piece was titled "From Lawlessness to Too Much Law? Exploring the Risk of Disparity from Differences in Defense Counsel Under Guidelines Sentencing" and is still available here via SSRN.) The issue is on my mind again this morning after I came across this notable new piece on SSRN titled "What Judges Think of the Quality of Legal Representation" authored by Judge Richard Posner and Professor Albert Yoon. Here is the abstract of this new article (which is forthcoming in the Stanford Law Review):
Studying the legal profession poses several challenges. The evolution of law has moved lawyers away from a generalist practice towards increased specialization...continue to full postFull post as published by Sentencing Law and Policy on October 20, 2010 (boomark / email).
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