Search Results for "cassell"
I recently finished the new book by the late Bill Stuntz, The Collapse of American Criminal Justice. My co-blogger Paul Cassell reviewed it here in the Wall Street Journal, and I wanted to blog my own thoughts about the book. My basic take is that it’s a great book, with many important insights. It’s the [...]
Here’s some promotional information about a debate I will be participating in today, hosted by the Federalist Society: TODAY! Miranda Warnings and Terror Suspects A Teleforum sponsored by the International & National Security Law Practice Group Featuring The Hon. Paul G. Cassell Ronald N. Boyce Presidential Professor of Criminal Law S.J. Quinney College of Law at [...]
Along with my former colleague Erik Luna, I’ve just published an article on mandatory mimimum sentences. The article, which can be downloaded from SSRN here, tries to find common ground on the issue of revising mandatory minimum sentences in the federal criminal justice system. Here’s the abstract: One of us (Cassell) is a former federal judge nominated by [...]
I recently argued that they should to the U.S. Sentencing Commission. Currently the procedures at sentencing envision the parties arguing the various factors, but not a crime victim. This approach reflects an outdated way of thinking about criminal procedure — that only the state and the defendant have legitimate interests in the outcome of a criminal [...]
The stunning news is here. Judge McConnell is one of my favorite judges; that’s a really big loss. I’ve noted before that there have been an unusual number of early retirements from the judiciary among the most academically accomplished of judges, including the likes of our own Paul Cassell (left to join the Utah faculty) [...]
Brian Leiter has posted a new study of the “scholarly impact” of top law school faculties in the U.S. Using the same methodology as Brian Leiter’s recent survey, and including regular VC bloggers except for Ilya and Sasha, who are not yet tenured (and therefore would be excluded under the Leiter methodology), David Kopel, who [...]
As both a Legislation professor and board game player, I am intrigued by the South Carolina anti-gambling statute discussed in Paul Cassell’s recent post. The statute bans the playing of “any game with cards or dice” in a wide variety of locations, including “any tavern, inn, store for the retailing of spirituous liquors or in [...]
The magistrate judge’s opinion in the Second Amendment illegal alien case also reminded me of our own then-Judge Paul Cassell’s opinion in a Fourth Amendment case involving an illegal alien who feloniously reentered the U.S. If the magistrate judge’s opinion is adopted by the district court, and the decision is then appealed and affirmed using [...]
I’ve discussed the recent controversy about the NBA game fixing in a couple of recent posts — a subject being batted around in the blogosphere. What has not been widely discussed is Donaghy’s additional allegations that the NBA is trying to silence him. Whatever one makes of the other allegations, this one rings true. Sentencing [...]
I’m delighted to report that the judiciary’s loss is our gain: Prof. Paul Cassell will be joining us a coblogger. Paul is a law professor at the University of Utah and a leading scholar on victim’s rights, criminal procedure, and sentencing; from 2002 to 2007, he served as a Judge of the U.S. District Court [...]
I am pleased to announce the filing of a new cert petition, Pearson v. Callahan, a matter I have worked on over the last few months. The Tenth Circuit decision below is Callahan v. Millard County. The Tenth Circuit’s opinion is also attached to the petition along with the district court decision by then-Judge (now [...]
The Deseret Morning News has a fascinating profile of Paul Cassell, who recently resigned his district court judgeship to return to academia. Just a taste: Cassell said he found himself questioning some laws at each turn. “I felt like it was proper judicial role to ask questions, even if we weren’t necessarily charged with fixing [...]
Judge Mark Filip, an outstanding District Court Judge in the Northern District of Illinois, has been nominated by the President to serve as the Deputy Attorney General (the #2 spot at DOJ, in charge of the day-to-day operations of the Department). I have mixed views on this one. Based on what I know of Filip, [...]
Sentencing Law & Policy has the story. I don’t know Judge Cassell well, though we’ve met a couple of times; but I have long respected his scholarship, of which there’s been a great deal. Here are Judge Cassell’s reasons: In the past few weeks, two primary factors have led me to do something that I [...]
Over at SCOTUSblog, Tommy Goldstein follows up his post on the Democratic short-list with a new post on a Republican short-list. Once again it’s all speculation, but it’s interesting speculation. A few comments: First, assuming the President replaces a retiring Justice who is a white male, I don’t think a future GOP President is [...]
Today one of the smartest District Court judges in the country, Paul G. Cassell, testified before the House Judiciary Committee against the use of mandatory minimum punishments. His written testimony is here.
I concur with Orin’s post below that the ideological mix of judges on lower courts does not explain their response to the Blakely decision. Exhibit A to WIll Baude’s argument is Paul Cassell. As an academic, Cassell was an advocate of the sentencing guidelines, yet he was one of the first federal judges to find [...]
The judge this time is Paul Cassell, one of the leading conservative criminal procedure professors who was appointed to federal district court a couple of years ago. Prof. Douglas Berman (Sentencing Law and Policy reports): I previously noted that law professors like to get the first word on important cases, and apparently that maxim holds [...]