Law profs start weighing in on Blakely

Though courts and legislatures get to have the last word on most matters, law professors often try to get the first. So, today’s New York Times has this op-ed from Kate Stith and Bill Stuntz, who call for Congress in the wake of Blakely to convert the binding federal sentencing guidelines into “advisory sentencing guidelines.” And over at Findlaw, Sherry Colb provides an extended analysis of Blakely in which she explains that, “in spite of all of the fanfare [about the decision], Blakely will probably do little to alter the jury’s role in future criminal cases.”