Articles

At Issue: Should Mandatory Sentences be Abolished? (with Douglas A. Berman), CQ Researcher (2014)

No sentencing structure can always guarantee the indisputably "right" result. But we should strive for...

 

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New Data and New Questions: TRAC's Contribution to Federal Sentencing (with Douglas A. Berman), Federal Sentencing Reporter (2012)
 

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Two Worlds, Federal Sentencing Reporter (2011)
 

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Follow the Evidence: Integrate Risk Assessment into Sentencing (with Jordan M. Hyatt and Maerk H. Bergstrom), Federal Sentencing Reporter (2011)
 

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Reform in Motion: The Promise and Perils of Incorporating Risk Assessments and Cost-Benefit Analysis into Pennsylvania Sentencing, Duquesne University Law Review (2011)

Actuarial risk assessment and cost-benefit analyses have become increasingly commonplace in many areas of criminal...

 

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The Adventure Continues, Federal Sentencing Reporter (2010)
 

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Sentencing Beyond Our Borders, Federal Sentencing Reporter (2010)
 

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Shaping Modern Sentencing: Three Giants (with Mark L. Miller), Federal Sentencing Reporter (2009)
 

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The Next Era of Sentencing Reform ... Revisited (with Mark Bergstrom, Frank Dermody, and Jordan Hyatt), Federal Sentencing Reporter (2009)
 

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Federal Cocaine Sentencing in Transition (with Douglas A. Berman), Federal Sentencing Reporter (2007)
 

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Can and Will Information Spur Post-Modern Setencing Reforms? (with Douglas A. Berman), Federal Sentencing Reporter (2007)
 

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The Real (Sentencing) World: State Sentencing in the Post-Blakely Era (with Douglas A. Berman), Villanova University Legal Working Paper Series (2006)

Soon after the Supreme Court in Blakely v. Washington declared certain judicial fact-finding within a...

 

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Write On!, Villanova University Legal Working Paper Series (2006)

Modern federal appellate review of sentences is a recent phenomenon introduced by the Sentencing Reform...

 

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Evolution and Denial: State Sentencing after Blakely and Booker (with Daniel F. Wilhelm), Villanova University Legal Working Paper Series (2006)

Justice Louis Brandeis famously described the states as laboratories where individual jurisdictions can experiment with...

 

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Booker on Crack: Sentencing’s Latest Gordian Knot, Cornell Journal of Law and Public Policy (2006)
 

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Evolution and Denial (with Daniel F. Wilhelm), Federal Sentencing Reporter (2005)
 

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Guidance from Above and Beyond, Villanova University Legal Working Paper Series (2005)

Criminal sentencing does not just happen in the courtroom. Some key sentencing decisions happen long...

 
Norval Morris (with Marc Miller), Encyclopedia of Prisons and Correctional Facilities (Sage Publications) (2005)
 

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Hoist with their Own Petard?, Federal Sentencing Reporter (2004)
 

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The Next Era of Sentencing Reform, Villanova University Legal Working Paper Series (2004)

This article charts a path for criminal sentencing in the wake of the Supreme Court’s...

 

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Hoist with their Own Petard?, Villanova University Legal Working Paper Series (2004)

In 2003, Congress and the Department of Justice tried to increase their control over the...

 

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In Pennsylvania, the Sentencing Remains the Same (with Frank Dermody), Pittsburgh Post-Gazette (Op-Ed) (2004)
 

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The Foggy Road for Evaluating Punitive Damages: Lifting the Haze from the BMW/State Farm Guideposts (with John Y. Gotanda), Villanova University Legal Working Paper Series (2004)

In light of increasing punitive damages awards, the United States Supreme Court formulated criteria for...

 

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Sentencing and Data: The Not-So-Odd-Couple, Federal Sentencing Reporter (2003)
 
The Return of Hammurabi, Pennsylvania Law Weekly (Op-Ed) (2003)
 

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Pardon Power and Sentencing Policy (with Daniel J. Freed), Federal Sentencing Reporter (2001)