Preview of Sykes, the Supreme Court’s Latest ACCA Case

The Supreme Court will hear argument on January 12 in Sykes v. United States, the latest entry in its recent series of cases on the Armed Career Criminal Act.  This case may provide a good opportunity for the Court to clarify what state of mind is required for a prior conviction to trigger the ACCA’s fifteen-year mandatory minimum.  (For background on the ACCA, see my posts here, here, and here.)

The Court created the state-of-mind problem in Begay v. United States, 553 U.S. 137 (2008), which held that a prior conviction does not count as a “violent felony” under the ACCA unless the crime was “purposeful, violent, and aggressive.”  This is a rather mysterious phrase.  Although the word “purposeful” is a familiar culpability term, it is not clear what “violent” and “aggressive” are meant to connote in this context.  And even “purposeful” has some ambiguity, as any law student who has ever wrestled with the elusive distinction between “general intent” and “specific intent” will tell you.

Begay itself indicated that DUI does not satisfy the PVA test because DUI is a strict liability offense.  This teaches that some culpability is indeed required for an offense to count as a “violent felony,” but Begay provided little guidance beyond that.

Then came Chambers v. United States, 129 S. Ct. 687 (2009).  

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The Social Security Tax Cut And A More Direct Route To Job Growth

The first pay day of 2011 is fast approaching and just about everyone is going to see an increase in the amount of their take home pay.  The amount of the change depends on how much money a person makes, but there will be a change that stems from the December passage of the Tax Relief, Unemployment Insurance Reauthorization, and Job Creation Act of 2010 (the “Act).

With the passage of the Act, the Republicans claimed victory by extending most of the “Bush Tax Cuts” for another two years.  This move was necessary to avoid an increase in the amount of tax most employees would pay each week.  To achieve a reduction in the amount paid the legislation includes a temporary two-percentage-point reduction in the employee’s share of Social Security Tax.  This reduction replaces the now expired Making Work Pay tax credit, but is slightly more expansive and will put a little more money in the pockets of the taxpaying public.

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Appointment of Russ Feingold

The University has announced today that Russell D. Feingold will join us as Visiting Professor of Law. In addition to noting this announcement, I wish to elaborate briefly upon my decision to appoint Sen. Feingold.

Let me begin with his background. Sen. Feingold is a member of Phi Beta Kappa, a former Rhodes Scholar, and an honors law graduate of both Oxford University and Harvard University. He practiced law for six years with two leading Wisconsin law firms, Foley & Lardner and LaFollette & Sinykin. Sen. Feingold served for ten years in the Wisconsin Senate and eighteen years in the United States Senate, with the latter service concluding earlier this week, after his loss in the November election. He is known for his studious approach to the complex issues before the United States Senate, and particularly before the Senate’s select committee on intelligence and committees on the budget, foreign relations, and the judiciary. Sen. Feingold’s expertise and experience in a range of important legal fields will provide the basis for an upper-level elective course, Current Legal Issues: The U.S. Senate, which he will teach in the spring semester at the Law School. In addition to his teaching, Sen. Feingold will be working on a book concerning issues of the day.

On topics ranging from financing of political campaigns to civil liberties in an age of international terrorism to America’s engagement in Afghanistan, Sen. Feingold has been forthright, thoughtful, and independent. While I do not doubt that some of his views are controversial, or, still less, suggest that all of them are right, an institution of legal education is especially well suited to explore multiple dimensions of such issues. Thus, I believe that Sen. Feingold is almost uniquely well-positioned to contribute to discussion of numerous legal issues at Marquette Law School, through both teaching and writing. This is especially so because, throughout my discussions with Sen. Feingold, I was impressed with the commitment and seriousness with which he approached the role of professor. I am grateful that he will be with us for a time. I hope that you will join me in welcoming Professor Feingold.

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