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11 Jan 2007, 9:44 pm
"  Here is the abstract:This paper 1) notices that Booker uprooted the statutory basis for the departure concept, suggesting that courts are at liberty to deviate from precedent rooted in the pre-Booker concept; 2) explains why Rule 32(i)(1)(C) as read by Burns v United States requires notice prior to sua sponte non-Guidelines sentences in those jurisdictions that require a distinct legal determination if a non-Guidelines sentence is warranted; and 3) discusses why such… [read post]
31 Oct 2023, 5:17 am by Will Baude
[with implications for the pending Supreme Court case of United States v. [read post]
22 Aug 2012, 3:35 am by Russ Bensing
Lewis, and the 5th District’s decision earlier this year in State v. [read post]
9 Jan 2009, 5:00 am
 A decision should be out later in the year.On the most recent decision (State of Calif. v. [read post]
13 May 2012, 5:55 am by INFORRM
After two days of argument (spread over three days due to the State Opening of Parliament) judgment was reserved. [read post]
4 Jul 2009, 12:15 pm
On July 4th, we celebrate the birthday of the United State of America. [read post]
21 Dec 2017, 12:43 pm by Eugene Volokh
For an early articulation that seems to echo this view, see the summary of the trial judge's instructions in State v. [read post]