Kate Stith
Forum
No Entrenchment: Thomas on the Hobbs Act, the Ocasio Mess, and the Vagueness Doctrine
Time and again, we have seen that neither precedent nor a perceived need to achieve consensus on the Court can hold Justice Clarence Thomas back from pronouncing what he has found to be the best understanding of the Constitution and federal statutes. His decisions scrape away at what Ralph Rossum ha…
Feature
The Arc of the Pendulum: Judges, Prosecutors, and the Exercise of Discretion
117 Yale L.J. 1420 (2008).
Early scholarship on the Federal Sentencing Guidelines focused on the transfer of sentencing authority from judges to the Sentencing Commission; later studies examined the transfer of discretion from judges to prosecutors. Of equal significance are two other institutional…