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Full-Text Articles in Law
Should I Stay Or Should I Go? South Carolina's Nonlawyer Judges, Christel Purvis
Should I Stay Or Should I Go? South Carolina's Nonlawyer Judges, Christel Purvis
South Carolina Law Review
No abstract provided.
What’S The Deference? Interpreting The U.S. Sentencing Guidelines After Kisor, Liam Murphy
What’S The Deference? Interpreting The U.S. Sentencing Guidelines After Kisor, Liam Murphy
Vanderbilt Law Review
For more than three decades, the U.S. Sentencing Guidelines have constrained the punishment doled out by federal judges, limiting discretion that was once nearly unlimited and bringing standardization to the penological decisionmaking process. For twice as long, the Supreme Court has constrained judges in a different way—by requiring that administrative agencies receive deference when they interpret the meaning of their own regulations. At the convergence of these two domains sits “commentary,” or interpretive notes the U.S. Sentencing Commission appends to the otherwise congressionally approved Guidelines. In Stinson v. United States, the Court made clear that commentary should be reviewed and …