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27 Sep 2021, 3:06 am by Joseph
The case of New York State Rifle and Pistol Association v. [read post]
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]
1 Aug 2023, 4:05 pm by Lawrence Solum
  Here is the abstract: In New York State Rifle & Pistol Association v. [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]