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Sentencing Law and Policy 
News, issues, commentary and provides resources related to sentencing law and policy.
Post Frequency: 77.7/day Last Entry: April 01, 2011 at 10:54:24 Recent Entries: 4815
By Douglas A. Berman
Go to Sentencing Law and Policy, find other Criminal Law blogs, or browse all law blogs.
How might Toussie clarify the status of his "revoked" pardon?
Posted on January 02, 2009The Daily News is reporting here that the White House is saying that President Bush won't act further in the case of Isaac Robert Toussie, the real estate developer to whom President Bush last week first granted a pardon, and...
In praise of How Appealing (and a call for more criminal justice blogs in 2009)
Posted on January 02, 2009I suspect that all fans of the legal blogosphere already know that they must make regular stops at How Appealing to keep up with all the legal news that's worth following. But Howard Bashman's most recent two posts, both which...
What might 2009 have in store for . . . Second Amendment jurisprudence?
Posted on January 02, 2009Due to the Supreme Court's remarkable work in Heller (and all of the pre- and post-ruling buzz), one could call 2008 the most eventful year for the Second Amendment since its ratification. Yet, as regular readers know, I fear that,...
What might 2009 have in store for . . . punishment theory and incarceration rates?
Posted on January 02, 2009I have combined theory and outcomes in this installment of the 2009 "what's in store" series primarily because new theoretical approaches to punishment and sentencing may be essential to changing modern incarceration rates. Notably, this recent New York Times editorial,...
"New Sentencing Guidelines For Crack, New Challenges"
Posted on January 01, 2009The title of this post is the title of this article in today's Washington Post. Here are a few snippets: From March through the first week of December, federal judges in the Eastern District of Virginia and in Maryland granted...
A year-ending post with a pre-party reminder of the harms of drinking and driving
Posted on December 31, 2008Inspired in part by this news report from CNN, headlined "Barkley 'disappointed' after DUI arrest," I will conclude my postings for 2008 with a year-end reminder about the harms of the crime of drinking and driving. As regular readers know,...
End-of-year reasonableness review blow-out in some circuits
Posted on December 31, 2008I noted here yesterday that the circuit courts have been clearing their sentencing dockets as 2008 winds to a close. Of particular note for federal sentencing fans is the significant number of significant reasonableness review rulings in just the last...
Around the blogosphere
Posted on December 31, 2008I am noticing lots of good end-of-year reading on lots of good criminal justice topics around the blogosphere. Here is a sample: From Crime & Consequences, "Spinning crime stats" From Grits for Breakfast, "Diversion programs worked, but who can measure...
Should any and all sex offenders be barred from ever practicing law?
Posted on December 31, 2008The New York Law Journal has this effective report on an interesting split decision from a New York state appellate panel in the lawyer discipline case of Matter of Lever. The NYLJ article headline provides the basics of the story:...
Two great new data reports from the US Sentencing Commission
Posted on December 30, 2008I am pleased to discover and report that the US Sentencing Commission has used the holiday season to produce two lovely new (and very reader-friendly) documents about federal sentencing realities. First came last week's release of "Overview of Federal Criminal...
Notable criminal justice echoes of the Madoff mess
Posted on December 30, 2008The WSJ Law Blog reports hereon a notable Madoff mess echo that I had heard about from various persons working on criminal justice reform. The post is titled "Madoff Scandal Threatens Country?s Criminal Justice Organizations," and here is the lead:...
Ninth Circuit finds 28-year "failure to register" sentence unconstitutional
Posted on December 30, 2008The last few weeks have hardly been a slow period for notable sentencing decisions from the federal circuit courts. And today brings some intriguing rulings on federal sentencing or quasi-sentencing issues from the Fifth, Sixth, Seventh, Eighth, Tenth and DC...
Effective reporting on the decline of death in North Carolina
Posted on December 30, 2008This local article, headlined "In N.C., death penalty gets rarer," provides a very effective accounting of the slow and steady decline of the death penalty in North Carolina. Here are highlights of an article that should be a must-read for...
Should the Delaware DOC consider the Monty Python "it's resting" defense?
Posted on December 30, 2008This local story from Delaware, headlined "Lawsuit begins with end of parrot: Inmates' rights questioned after man not allowed to make call," was just made for blogging. As detailed below, the story has a serious side (even though it also...
Real headaches or just hiccups on nominee Holder's path to AG?
Posted on December 29, 2008The Boston Globe has this long pieceon coming Senate confirmation issues surrounding President-elect Obama's nominees. The piece is headlined "Holder's hearing might be rocky: GOP could grill Cabinet nominee," and here is how it starts: With Barack Obama anxious to...
Senator Jim Webb continues his important campaign for serious sentencing and prison reforms
Posted on December 29, 2008Regular readers know from prior posts that I am a huge fan of Senator Jim Webb's commitment to serious sentencing and prison reform. As revealed by new this exciting article from today's Washington Post, headlined "Webb Sets His Sights On...
Intriguing little discussion of relevant conduct from Seventh Circuit
Posted on December 29, 2008The federal courts are back in business today, and the Seventh Circuit has an intriguing little opinion today in US v. Alldredge, No. 08-2076 (7th Cir. Dec. 29, 2008) (available here). Alldredge covers a lot of relevant conduct ground in...
Kentucky legislature struggling with correction costs and sentencing reforms
Posted on December 29, 2008This local story, headlined "Changes sought in Ky. penal code: Major reforms not on session agenda," provides an interesting window on one state's struggles with correction costs and sentencing reforms. Here are a few excerpts: In a short, 30-day session...
Effective reporting on White acquitted conduct ruling from Sixth Circuit
Posted on December 28, 2008An nice AP article ? which here is headlined "Case with local tie could go to Supreme Court" and here is headlined "Split appeals court upholds bank robbery sentence" ? provides an effective review of the Sixth Circuit's work in...
Still more blogosphere buzzing about the Presidential pardon polka
Posted on December 28, 2008Because the story has so many intriguing dimensions, bloggers continue to buzz about Pressident Bush's decision to grant, and then seek to retract, a pardon for Brooklyn real estate developer Isaac Robert Toussie. Here is just a sample of the...
President Bush issues holiday week batch of pardons and one more commutation
Posted on December 23, 2008The AP is now reporting here that the second batch of lame duck pardons from President Bush were announced today. Here are the basics: Before leaving for the holidays, President Bush commuted one prison sentence and granted 19 pardons, including...
A prominent "victim" of broad federal child porn law OR just another sex offender?
Posted on December 23, 2008Regular readers know I have blogged a lot about federal child porn prosecutions and sentencing. Now a notable new case out of California, reported widely through local press and via CNN and the AP, seems to have the potential to...
The virtues of SCOTUS selection serendipity
Posted on December 23, 2008USA Today has this intriguing new article which spotlights that, even when it comes to Supreme Court nominations, who you know may be just as important as what you know. And, as in comedy, timing may be more important than...
"States wrestle with how to fund federal sex offender law"
Posted on December 23, 2008The title of this post is the title of this effective piece from the Dallas Morning News. Here are snippets: An effort to create uniform nationwide standards for how to keep track of sex offenders has stalled largely because states...
Three wise sentencing opinions coming from the east (and west) this holiday week
Posted on December 23, 2008I should know better than to try biblical allusions during this holiday week, but a trio of new and notable sentencing opinions from the First Circuit make a three wise men analogy almost irresistible. The these opinions sharing sentencing wisdom...
Plot thickens in allegations of prosecutorial misconduct in Senator Stevens' case
Posted on December 22, 2008As detailed in this new piece in the Washington Times and this post from The BLT, the accusations of federal prosecutorial misconduct in the prosecution of Alaska Senator Ted Stevens have gotten some new force. Here are some details from...
"Time Off For Bad Behavior"
Posted on December 22, 2008Forbes magazine has this notable new piece highlighting one of the few programs in the federal criminal justice system that lets offenders earn a reduction in their sentencing terms. This sub-heading from the article reveals why Forbes is covering this...
Interesting examination of sentencing in child homicide cases
Posted on December 22, 2008Especially given that the media coverage of one apparent child homicide seems never-ending, this new paper on SSRN ought to be of interest to both sentencing fans and social scientists. The paper is titled, "Sympathy for the Devil? Child Homicide,...
Seventh Circuit creates SORNA split just in times for holiday cert shopping
Posted on December 22, 2008Anyone looking for good cert vehicles to give to their favorite SCOTUS litigator this holiday season ought to be sure to check out a new opinion from the Seventh Circuit in US v. Dixon, No. 08-1438 (7th Cir. Dec. 22,...
Why we need a re-entry czar and a task force on the prison economy
Posted on December 22, 2008Now that the Obama transition team has filled the cabinet and is busy creating new task forces to deal with modern new concerns, it is time for those concerned about modern criminal justice problems to step up pitches for the...
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Yes. Failure to provide health insurance benefits is a violation of Labor Law ob...
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you should be getting a mileage comp. I own my own company and I pay my employee...
Can i sue my employer for breach of Contract?
i would suggest you get professional advice
from what you have put here yo...
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I have worked for this employer for only three weeks. The employer makes up his own rules as to what he chooses to report for the purpose of property taxes. He tells me to "let them come after us". He defines Entertain
He arrogantly insists, "let them come after us." Well, if you are invo...
I was fired on June 3, 2002 in Massachusetts because I reported discriminatory behavior by the employer towards a particular nationality. In July I filed a discrimination/retaliation complaint against the employer with t
It seem sin your case that the fact you filed the complaint prior to being dissa...
Does failure to provide health insurance benefits at the time promised constitute harm to the employee?
Yes. Failure to provide health insurance benefits is a violation of Labor Law ob...
My job requires me to drive bank deposits up to two times a day using my own vehicle and gas. Although not too far, can should I be receiving compensation? One deposit run is required daily by company policy, but the man
you should be getting a mileage comp. I own my own company and I pay my employee...
Can i sue my employer for breach of Contract?
i would suggest you get professional advice
from what you have put here yo...
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