The Incoherence of Marital Benefits
In United States v. Windsor, the Second Circuit reasoned (no doubt, correctly) that extending federal marriage benefits to all married… Continue reading →
Essay
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Article III Double-Dipping: Proposition 8’s Sponsors, BLAG, and the Government’s Interest
A major procedural question looms over the two marriage cases currently before the U.S. Supreme Court: Do the parties who… Continue reading →
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Do Boumediene Rights Expire?
In recent weeks, a dispute has developed between the Obama Administration and lawyers representing detainees housed at the U.S. facility… Continue reading →
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Prescriptive Jurisdiction, Adjudicative Jurisdiction, and the Ministerial Exemption
On January 11, 2012, the Supreme Court decided the first significant case of the October 2011 Term, Hosanna‐Tabor Evangelical Lutheran… Continue reading →
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The Hurricane Katrina Levee Breach Litigation: Getting the First Geoengineering Liability Case Right
In August 2005, Hurricane Katrina flattened the Gulf Coast from the Alabama border to 100 miles west of New Orleans.… Continue reading →
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United States v. Booker: System Failure or System Fix?
Six years ago, the Supreme Court held in United States v. Booker that the mandatory sentencing guidelines system was unconstitutional.… Continue reading →
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Prison Reform in the Pennsylvania Legislature
When I began my career in the Pennsylvania Legislature in 1976, America's drug culture, and public awareness of drug abuse,… Continue reading →
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The Collateral Consequences of Padilla v. Kentucky: Is Forgiveness Now Constitutionally Required?
People who commit a crime and are brought before a court to be sentenced expect to face a prison term… Continue reading →
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Problem-Solving Courts and the Psycholegal Error
It has been more than a decade since I began railing against the therapeutic jurisprudence movement in general and drug… Continue reading →
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“Losing Ground”—In Search Of A Remedy For The Over Emphasis On Loss And Other Culpability Factors In The Sentencing Guidelines For Fraud And Theft
In 2010, fraud offenses were the third largest portion of the federal criminal docket, trailing only immigration and drug offenses.… Continue reading →