This Article empirically illustrates that the introduction of voluntary and presumptive sentencing guidelines at the state level can contribute to statistically significant reductions in sentence length, interjudge disparities, and racial disparities. For much of American history, judges had largely unguided discretion to select criminal sentences within statutorily authorized ranges. But in the mid- to late-twentieth […] Continue Reading >
The phenomenon of nationwide injunctions—when a single district court judge completely prevents the government from enforcing a statute, regulation, or policy—has spawned a vigorous debate. A tentative consensus has emerged that an injunction should benefit only the actual plaintiffs to a lawsuit and should not apply to persons who were not parties. These critics root […] Continue Reading >
Term Limits and Turmoil: Roe v. Wade’s Whiplash
The Effects of Voluntary and Presumptive Sentencing Guidelines
A fixed eighteen-year term for Supreme Court Justices has become a popular proposal with both academics and the general public as a possible solution to the countermajoritarian difficulty and as a means for depoliticizing the confirmation process. While scholars have extensively examined the potential benefits of term limits, the potential costs have been underexplored. We […] Continue Reading >