The Beginning of the End for Life Without Parole?

That question is the title of a new paper I’ve just uploaded to SSRN. Here is the abstract:

This essay introduces a new issue of the Federal Sentencing Reporter that is devoted to different aspects of the sentence of life without parole. An important question raised by many of the articles is whether LWOP, after two decades of explosive growth, is entering a period of decline. For instance, the Supreme Court declared LWOP unconstitutional for most juvenile offenders in May 2010, possibly inaugurating an era of more meaningful constitutional limitations on very long sentences. Additionally, many cash-strapped states have been developing new early-release programs in order to reduce corrections budgets, some of which hold out hope even for LWOP inmates. This essay considers the likelihood that these and other recent developments will contribute to a decline in LWOP. In the end, none of the developments portend dramatic changes, at least regarding LWOP for adult offenders, although it is possible that LWOP will undergo a period of slow, long-term decline, much as has occurred with the death penalty. After laying out this perspective, the essay then considers whether the United States ought to welcome such a period of decline.

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Closing Thoughts on Opening a Law Practice

This is my fourth and final guest post. I have dedicated my blogging this month to the topic of starting a law practice. The first week was focused on the reasons why people would want to hang a shingle. The second week’s post discussed start-up costs. The third week was focused on attracting clients. This week, I wrap up with a few final thoughts. Some of these points are responses to questions and comments I received from people thinking about making the leap.

1. Yes, there is a lot of work involved. Starting any business requires a lot of passion, hard work and long hours. Starting a law practice adds to that the work of practicing law, which is in and of itself a full-time job. My take on this is that for the first couple years until things stabilize, you should fully commit to getting your practice off the ground. This means working evenings and weekends if that’s what you have to do.  

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The Negative News About Positive Political Ads

Near the end of Tuesday’s “On the Issues with Mike Gousha” session at the Law School, Gousha asked Mike Tate, chair of the Wisconsin Democratic Party, and Reince  Priebus, chair of the Wisconsin Republican Party, whether they thought candidates can win while running positive campaigns.

Neither directly answered the question from Gousha, the Law School’s Distinguished Fellow in Law and Public Policy. But Tate came closer.  You have to have to draw contrasts with your opponent, he said. And when one campaign launches an ad that is arguably negative, “it’s an arms race,” Tate said.  If you don’t respond, you risk losing. Voters remember negative ads, Tate said.

Priebus responded by criticizing Democratic campaigns for playing what he called “small ball” this fall, focusing on minor matters that they could use to attack Republicans instead of on major issues, like jobs, the economy, and the growth of government spending.

What neither said to Gousha’s question was, yes, you can win by staying positive.  

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