Osler's Razor

It's going to be a busy, busy month. In addition to class and the usual peripherals, I will be grinding away on the following (all of which is pro bono work), with the help of some of my students:

1) In the case of United States v. Dillon before the Supreme Court, I'm writing an amicus brief for the Washington Legal Foundation, a well-respected and innovative conservative/libertarian group. The case involves an important but complex sentencing issue. After the sentencing commission changed the guidelines for crack, those sentenced under the previous rule were able to be resentenced. However, Sentencing Commission rules prevent the judge from considering anything other than the change in the guidelines. We are arguing that this violates the principle of individualized consideration, which has long roots in American law and is embedded in the statutes which currently guide sentencing in federal courts. I will be working on this one with Prof. Rory Ryan of Baylor and his sister Elizabeth.

2) In another Supreme Court case, United States v. Burgess, I am writing an amicus brief for the National Association of Federal Defenders. This case involves the application of the Sixth Amendment's right to a jury where a case involves an increased sentence due to the involvement of a weapon. In this one, I am going to focus on the fact that mandatory minimums are subject to the same flaw as the sentencing guidelines (as exposed in Blakely and Booker), in that they violate the Sixth Amendment where they are imposed based on facts not found by a jury. One wonderful challenge here is that my clients are themselves some of the best appellate attorneys in the country.

3) I am also joining the board of Friends of Justice. My first meeting is Saturday, and I'm looking forward to it.

Interestingly, I was approached by the Washington Legal Foundation and the Friends of Justice on the same day-- and they represent very different viewpoints. I must be doing something right!