Towards a Common Law of Sentencing: Gall, Kimbrough and the Search for Reasonableness

Appleman, Laura

Abstract

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Towards a Common Law of Sentencing: Gall, Kimbrough and the Search for Reasonableness

Laura I. Appleman

Willamette University College of Law

January 12, 2009

Federal Sentencing Reporter, Vol. 21, No. 1, 2008

Abstract:
The recent Supreme Court opinions in Gall and Kimbrough failed to clarify the long-open question of defining" reasonableness" in the Federal Sentencing Guidelines following Booker. However, if we abandon the fruitless search for reasonableness and focus instead on the creation of a federal sentencing common law, Gall and Kimbrough have much to offer.

Number of Pages in PDF File: 4

Keywords: federal sentencing guidelines, reasonableness, Booker, Gall, Kimbrough, sentencing common law

JEL Classification: K14

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Date posted: January 20, 2009 ; Last revised: February 1, 2009

Suggested Citation

Appleman, Laura I., Towards a Common Law of Sentencing: Gall, Kimbrough and the Search for Reasonableness (January 12, 2009). Federal Sentencing Reporter, Vol. 21, No. 1, 2008. Available at SSRN: http://ssrn.com/abstract=1326632

Contact Information

Laura I. Appleman (Contact Author)

Willamette University College of Law ( email )

245 Winter St. SE
Salem, OR 97301
United States
(503) 370-6651 (Phone)