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Federalism

Selected Works

SelectedWorks

2005

Articles 1 - 2 of 2

Full-Text Articles in Law

The Wisdom We Have Lost: Sentencing Information And Its Uses, Marc L. Miller, Ronald F. Wright Jan 2005

The Wisdom We Have Lost: Sentencing Information And Its Uses, Marc L. Miller, Ronald F. Wright

Ronald F. Wright

Both federal and state experience in sentencing over the last three decades suggest that sentencing data and knowledge most often lead to wisdom when they are collected with particular uses and users in mind. Ironically, greater reliance on data and expertise can democratize the making and testing of sentencing policy. When data are collected and published with many different users in mind, a variety of participants in the sentencing process can join the Commission as creators of sentencing wisdom, including Congress, state legislatures, state sentencing commissions, sentencing judges, and scholars.

Under the Sentencing Reform Act of 1984, Congress envisioned federal …


What Hath Raich Wrought? Five Takes, Brannon P. Denning, Glenn H. Reynolds Jan 2005

What Hath Raich Wrought? Five Takes, Brannon P. Denning, Glenn H. Reynolds

Brannon P. Denning

Written for a paper symposium on Gonzales v. Raich, 545 U.S. 1 (2005), we describe the effects of the decision on what had seemed a renewed interest on the part of the Court to limit federal power.