The blossoming sentencing literature
I have often jokingly called Blakely “the case which launched a thousand law review articles,” and a recent stop at SSRN has confirmed the blossoming of the sentencing literature in the wake of Blakely. (Of course, this post last month listing many recent sentencing articles also spotlighted that sentencing is now “hot.”)
The Columbia Law Review‘s recent symposium “Sentencing: What’s at Stake for the States?” is culminating in a forthcoming issue with a dozen articles that will all be must-reads for academics and others in this field. I have also seen some other recent articles which further enrich and enhance the scholarly dialogue about sentencing reforms. Below I have listed and linked some of the articles recently appearing on SSRN and elsewhere that I have added to my (much-too-long) reading list:
- Federalism and the Politics of Sentencing by Professor Rachel Barkow
- The Failure of the Federal Sentencing Guidelines: A Structural Analysis by Professor Frank O. Bowman, III
- Compromising Liberty: A Structural Critique of the Sentencing Guidelines by Professor Jackie Gardina
- Solving the Williams Puzzle by Professor Kyron Huigens
- Jury Sentencing in Non-Capital Cases: Comparing Severity and Variance with Judicial Sentences in Two States by Professor Nancy J. King and Rosevelt L. Noble
- Matching Decisionmaker to Decision Nature by Professor Paul H. Robinson and Professor Barbara Spellman
- State Sentencing Policy and New Prison Admissions by Ben Trachtenberg