Priorities for the New President: Restore Parole in the Federal Criminal Justice System

This is part of a series of posts this month focusing on priorities for a new presidential administration.

In the area of federal criminal law, the next administration ought to undertake a number of initiatives: polish the Department of Justice’s tarnished image by ensuring that appointments to leadership positions are rigorously merit-based and by avoiding dubious prosecutions that appear politically motivated; make the federal criminal justice system a real leader and innovator in developing community-based alternatives to prison for nonviolent offenders; likewise, make the federal system a leader and innovator in implementing restorative justice and other processes that are more responsive to victim needs than conventional criminal case processing; seek the elimination of mandatory minimum sentencing statutes; and bring greater coherence and transparency to an executive clemency process that was extraordinarily kind to Scooter Libby, but that rarely does anything for offenders who are not politically connected. Although I regard all of these as matters of considerable urgency–and will perhaps blog about some of them at greater length later this month–I might put still another initiative at the top of the list: restore the possibility of parole release for federal prisoners.

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Exciting Term Ahead at Supreme Court for Labor and Employment Law

4united_states_supreme_court_112904 There are not quite as many cases as last year, but 2008-2009 could be a blockbuster year for Supreme Court labor and employment law cases.

BNA Daily Labor Report provides some context:

The U.S. Supreme Court is scheduled to open its 2008-2009 term Oct. 6 with six labor and employment law cases awaiting oral argument.

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Lawyers and Legal Scholarship

This [i.e., engaging in the conversation started in this post] wasn’t where I’d planned to start, but since I’ve got some thoughts on the scholarship-practice divide I might as well add my two cents. I spent just over eight years in practice before entering academia, so I have some understanding for the practitioner perspective. My firm maintained subscriptions to many of the top law reviews, which I would browse as time permitted. My reactions ranged from “wow that’s really interesting!” to “wow that’s complete ivory tower BS!” to “you know, I think I can actually use that!” And use them I did. I distinctly recall, for example, discussing Alan Michaels’ “Constitutional Innocence” article in the Harvard Law Review at oral argument before the Minnesota Court of Appeals. Nobody laughed.

So I think there’s plenty of scholarship, even work done at relatively high levels of abstraction, that can be put to work in practice.

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