The Supreme Court's decision in United States v. Booker appears to be a two-headed monster and a conceptual monstrosity. In Booker, dual 5-4 majorities issued dueling opinions in which the Supreme Court first held that the operation of the federal guidelines as mandatory sentencing rules...

Federal judges have struggled mightily to comprehend the meaning and impact of the Supreme Court's landmark sentencing decision in United States v. Booker. In Rita v. United States, the Justices provided only limited additional Booker guidance having issued four opinions that raise more...

This Essay examines the issue of “sentence finality” in the hope of encouraging more thorough and reflective consideration of the values and interests served — and not served — by doctrines, policies, and practices that may allow or preclude the review of sentences after they have been...

In less than a decade, marijuana legalization has gone from unthinkable to seemingly unstoppable. This essay — written for a special issue on improving Arizona’s criminal justice system — discusses how Arizona should best advance marijuana legalization so that it can significantly improve...

In March 2020, in response to the COVID-19 national emergency, states across the United States began issuing shelter-in-place orders curtailing operations of individual businesses based on “essential” and “non-essential” classification. Virtually all states with legalized medical...