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Frank O. Bowman III

University of Missouri School of Law

Floyd R. Gibson Missouri Endowed Professor of Law

Missouri Avenue & Conley Avenue

Columbia, MO 65211

United States

  • University of Missouri School of Law

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    • Tel: 573-882-2749
SCHOLARLY PAPERS

45

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4

Scholarly Papers (45)

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1.

The Failure of the Federal Sentencing Guidelines: A Structural Analysis

Columbia Law Review, Vol. 100, 2005
Number of pages: 38 Posted: 07 Apr 2005
Frank O. Bowman III
University of Missouri School of Law
Downloads 359 (65,843)

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criminal law, sentencing, federal sentencing guidelines, Booker, Blakely, Apprendi, criminal procedure

2.

Debacle: How the Supreme Court Has Mangled American Sentencing Law And How It Might Yet Be Mended

University of Chicago Law Review, Vol. 77, 2010, University of Missouri School of Law Legal Studies Research Paper No. 2009-27
Number of pages: 101 Posted: 10 Sep 2009 Last Revised: 03 May 2012
Frank O. Bowman III
University of Missouri School of Law
Downloads 298 (86,713)

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sentencing, sentence, criminal sentencing, guidelines, sentencing guidelines, sentencing commission, Sixth Amendment, jury, due process, Sotomayor, Apprendi, Blakely, Booker, Harris, McMillan, Almendarez-Torres, Ice, Kimbrough, Gall, Scalia, Breyer

3.

Pour Encourager Les Autre? The Curious History and Distressing Implications of the Criminal Provisions of the Sarbanes-Oxley Act and the Sentencing Guidelines Amendments that Followed

Ohio State Journal of Criminal Law, Vol. 1, No. 373, 2004
Number of pages: 70 Posted: 13 Apr 2004
Frank O. Bowman III
University of Missouri School of Law
Downloads 263 (96,633)

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Criminal law, criminal procedure, sentencing, economic crime, fraud, Sarbanes-Oxley, Sentencing Commission, separation of powers

4.

The Year of Jubilee . . . Or Maybe Not: Some Preliminary Observations About the Operation of the Federal Sentencing System after Booker

Houston Law Review, Vol. 43, p. 281, 2006
Number of pages: 45 Posted: 21 Feb 2006
Frank O. Bowman III
University of Missouri School of Law
Downloads 210 (125,889)

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crime, criminal law, federal criminal law, federal sentencing, sentencing, sentencing guidelines, Federal Sentencing Guidelines, disparity, punishment, Blakely, Booker, Apprendi, Feeney, Sentencing Commission, Justice Department, judiciary

5.

Beyond Bandaids: A Proposal for Reconfiguring Federal Sentencing after Booker

University of Chicago Legal Forum, Vol. 149, 2005
Number of pages: 54 Posted: 15 May 2005
Frank O. Bowman III
University of Missouri School of Law
Downloads 164 (156,771)

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Booker, Blakely, Apprendi, Federal Sentencing Guidelines, criminal law, sentencing, punishment, sentencing commission, judges, prosecutors, judiciary, prison, judicial discretion, Congress

6.

American Buffalo: Vanishing Acquittals and the Gradual Extinction of the Federal Criminal Trial Lawyer

University of Pennsylvania Law Review PENNumbra, Vol. 156, 2007, University of Missouri School of Law Legal Studies Research Paper No. 2007-19
Number of pages: 15 Posted: 16 Nov 2007 Last Revised: 23 Dec 2007
Frank O. Bowman III
University of Missouri School of Law
Downloads 153 (171,533)

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criminal law, criminal procedure, plea bargaining, pleas, acquittal, acquittal rate, trial rate, sentencing, sentencing guidelines

7.

Murder, Meth, Mammon, and Moral Values: The Political Landscape of American Sentencing Reform

Washburn Law Journal, Vol. 44, 2005
Number of pages: 20 Posted: 13 May 2005
Frank O. Bowman III
University of Missouri School of Law
Downloads 152 (166,939)

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crime, criminal law, sentencing, punishment, prison, mass incarceration, incarceration, prison policy, religion, federal sentencing guidelines, sentencing guidelines, white collar crime, economic crime, sentencing commission

8.

Nothing is Not Enough: Fix the Absurd Post-Booker Federal Sentencing System

Federal Sentencing Reporter, Vol. 24, No. 5, 2012, University of Missouri School of Law Legal Studies Research Paper No. 2012-14
Number of pages: 24 Posted: 09 May 2012 Last Revised: 12 May 2012
Frank O. Bowman III
University of Missouri School of Law
Downloads 145 (161,709)

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federal sentencing guidelines, criminal law, criminal sentencing, U.S. Sentencing Commission, Blakely, Booker, advisory guidelines, advisory guidelines, U.S. Department of Justice, sentencing disparity

9.

'The Question is Which is to Be Master - That's All': Cunningham, Claiborne, Rita and the Sixth Amendment Muddle

Federal Sentencing Reporter, Vol. 19, 2007, University of Missouri-Columbia School of Law Legal Studies Research Paper No. 2007-03
Number of pages: 11 Posted: 22 Feb 2007
Frank O. Bowman III
University of Missouri School of Law
Downloads 140 (183,412)

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Apprendi, Blakely, Booker, Claiborne, Rita, Sixth Amendment, sentencing, criminal law, sentencing law, sentencing guidelines, sentencing commission

10.

Juvenile Lifers and Judicial Overreach: A Curmudgeonly Meditation on Miller v. Alabama

Missouri Law Review, Vol. 78, 2013, University of Missouri School of Law Legal Studies Research Paper No. 2014-05
Number of pages: 28 Posted: 04 Jan 2014 Last Revised: 22 Jan 2014
Frank O. Bowman III
University of Missouri School of Law
Downloads 132 (175,338)

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Juvenile sentencing, juvenile life without parole, LWOP, juvenile LWOP, criminal sentencing, Miller v. Alabama, Graham v. Florida, eighth amendment, cruel and unusual punishment

11.

Sentencing High-Loss Corporate Insider Frauds Post-Booker

Federal Sentencing Reporter, Vol. 20, No. 3, 2008, University of Missouri School of Law Legal Studies Research Paper No. 2008-13
Number of pages: 13 Posted: 18 Apr 2008 Last Revised: 23 Apr 2008
Frank O. Bowman III
University of Missouri School of Law
Downloads 130 (188,806)

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sentencing, sentence, criminal, criminal law, Federal Sentencing Guidelines, economic crime, corporate crime, loss, fraud

12.

Drifting Down the Dnieper with Prince Potemkin: Some Skeptical Reflections About the Place of Compliance Programs in Federal Criminal Sentencing

Wake Forest Law Review, Vol. 39, 2004
Number of pages: 20 Posted: 14 Sep 2004
Frank O. Bowman III
University of Missouri School of Law
Downloads 129 (185,541)

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Criminal law, corporate law, white collar crime, Sarbanes-Oxley Act, federal sentencing guidelines, organizational sentencing guidelines, United States Sentencing Guidelines

13.

Stories of Crimes, Trials and Appeals in Civil War Era Missouri

Marquette Law Review, Forthcoming, University of Missouri School of Law Legal Studies Research Paper No. 2009-28
Number of pages: 29 Posted: 01 Oct 2009 Last Revised: 05 Jul 2010
Frank O. Bowman III
University of Missouri School of Law
Downloads 122 (194,449)

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trials, appeals, criminal appeals, Civil War, legal history, Rollins, Odon Guitar, Missouri Supreme Court, writ of error, bill of exceptions, lynching

14.

Train Wreck? Or Can the Federal Sentencing System Be Saved? A Plea for Rapid Reversal of Blakely V. Washington

American Criminal Law Review, Vol. 41, 2004
Number of pages: 59 Posted: 06 Sep 2004
Frank O. Bowman III
University of Missouri School of Law
Downloads 122 (195,645)

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Sentencing, federal sentencing guidelines, Blakely v. Washington, criminal law

15.

Mr. Madison Meets a Time Machine: The Political Science of Federal Sentencing Reform

Stanford Law Review, Vol. 58, 2005
Number of pages: 31 Posted: 02 Nov 2005
Frank O. Bowman III
University of Missouri School of Law
Downloads 115 (210,616)

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federal sentencing guidelines, sentencing, criminal law, Booker, Blakely, Apprendi, Madison, Sixth Amendment, jury trial, congress, judiciary, Justice Department, sentencing commission, Harris

16.

Getting Away with Murder (Most of the Time): A Sesquicentennial Analysis of Civil War Era Homicide Cases in Boone County, Missouri

University of Missouri School of Law Legal Studies Research Paper No. 2011-20
Number of pages: 65 Posted: 31 Aug 2011 Last Revised: 29 Jan 2012
Frank O. Bowman III
University of Missouri School of Law
Downloads 110 (205,449)

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legal history, civil war, American civil war, border war, slavery, slaves, murder, criminal law, sheriffs, constables, justice of the peace, provost marshal, court martial, bushwhacker, lynching

17.

'Tis a Gift to Be Simple: A Model Reform of the Federal Sentencing Guidelines

Federal Sentencing Reporter, Vol. 18, 2006, University of Missouri-Columbia School of Law Legal Studies Research Paper No. 2006-25
Number of pages: 22 Posted: 02 Sep 2006
Frank O. Bowman III
University of Missouri School of Law
Downloads 98 (235,095)

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criminal law, federal criminal law, sentencing, federal sentencing, United States Sentencing Commission, sentencing commission, sentencing guidelines, Constitution Project, sentencing reform, economic crime, fraud, immigration, firearms, environmental crime, perjury, obstruction of justice

18.

Quiet Rebellion Ii: An Empirical Analysis of Declining Federal Drug Sentences Including Data from the District Level

Iowa Law Review, Vol. 87, No. 2, March 2002
Number of pages: 85 Posted: 28 Feb 2002
Frank O. Bowman III and Michael Heise
University of Missouri School of Law and Cornell Law School
Downloads 97 (224,458)
Citation 3

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length of prison sentences, narcotics violations, federal drug sentences, sentencing system, prosecutors, defense counsel, probation officers, district judges, Guidelines sentencing, Federal Sentencing Guidelines, judicial districts, drug types, marijuana, fast-track, sentence discounts

19.

The Model Federal Sentencing Guidelines Project: A Simplified Economic Crimes Guideline, Model Sentencing Guidelines §2b1.1

Federal Sentencing Reporter, Vol. 18, No. 5, p. 330, June 2006, U of Missouri-Columbia School of Law Legal Studies Research Paper No. 2006-28
Number of pages: 12 Posted: 06 Sep 2006
Frank O. Bowman III
University of Missouri School of Law
Downloads 95 (239,902)

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sentencing, criminal law, crime, sentencing guidelines, sentencing commission, United States Sentencing Commission, Federal Sentencing Guidelines, fraud, theft, economic crime, loss, calculation of loss

20.

Function Over Formalism: A Provisional Theory of the Constitutional Law of Crime and Punishment

Federal Sentencing Reporter, Vol. 17, No. 1, October 2004
Number of pages: 23 Posted: 06 Apr 2005
Frank O. Bowman III
University of Missouri School of Law
Downloads 94 (236,706)

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Criminal law, sentencing, criminal sentencing, Federal Sentencing Guidelines, Sixth Amendment, jury trial, judicial discretion, Congress, due process, Eighth Amendment, functionalism

21.

'High Crimes & Misdemeanors': Defining the Constitutional Limits on Presidential Impeachment

Southern California Law Review, Vol. 72, p. 1517, September 1999
Number of pages: 52 Posted: 07 Jan 2000 Last Revised: 06 Apr 2015
Frank O. Bowman III and Stephen L. Sepinuck
University of Missouri School of Law and Gonzaga University - School of Law
Downloads 86 (202,981)
Citation 1

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impeachment, president, impeach, high crimes and misdemeanors, Clinton

22.

Freeing Morgan Freeman: Expanding Back-End Release Authority in American Prisons

3 Wake Forest Journal of Law & Policy (2013), University of Missouri School of Law Legal Studies Research Paper No. 2013-25
Number of pages: 41 Posted: 06 Dec 2013 Last Revised: 11 Dec 2013
Frank O. Bowman III
University of Missouri School of Law
Downloads 85 (253,606)

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parole, criminal law, sentencing, criminal sentencing, parole commission, parole board, back-end release, federal sentencing, over-incarceration, prison

23.

The Model Sentencing Guidelines Project: Sentencing Factors Applicable to All Offense Types, Model Sentencing Guidelines §§3.1-3.6

Federal Sentencing Reporter Vol. 18, p. 364, June 2006, U of Missouri-Columbia School of Law Legal Studies Research Paper No. 2006-29
Number of pages: 7 Posted: 11 Sep 2006
Frank O. Bowman III
University of Missouri School of Law
Downloads 85 (258,920)

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sentencing, federal sentencing, federal sentencing guidelines, United States Sentencing Commission, crime, punishment, role in the offense, abuse of trust, obstruction of justice

24.

A Proposal for Bringing the Federal Sentencing Guidelines into Conformity with Blakely V. Washington

Federal Sentencing Reporter, Vol. 16, p. 364, June 2004
Number of pages: 9 Posted: 26 Aug 2004
Frank O. Bowman III
University of Missouri School of Law
Downloads 82 (262,626)

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Sentencing, federal sentencing guidelines, Blakely v Washington, criminal law

25.

Dead Law Walking: The Surprising Tenacity of the Federal Sentencing Guidelines

51 Houston L. Rev. __ (2014), Forthcoming, University of Missouri School of Law Legal Studies Research Paper No. 2014-06
Number of pages: 44 Posted: 06 Jan 2014 Last Revised: 01 Feb 2014
Frank O. Bowman III
University of Missouri School of Law
Downloads 77 (260,745)

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federal sentencing guidelines, blakely, booker, gall, kimbrough, criminal law, federal criminal law, sentencing, federal sentencing, disparity, sentencing commission

26.

The Model Federal Sentencing Guidelines Project: A Simplified Sentencing Grid, Model Sentencing Guidelines §1.1

Federal Sentencing Reporter, Vol. 18, 2006, U of Missouri-Columbia School of Law Legal Studies Research Paper No. 2006-26
Number of pages: 4 Posted: 04 Sep 2006
Frank O. Bowman III
University of Missouri School of Law
Downloads 72 (274,350)

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sentencing guidelines, federal sentencing guidelines, sentencing, sentencing commission, model sentencing guidelines, United States Sentencing Commission, criminal law, criminal procedure

27.

The Model Federal Sentencing Guidelines Project: Determining the Sentencing Range and the Sentence within Range, Model Sentencing Guidelines §§1.2-1.8

18 Federal Sentencing Reporter 323 (2006), U of Missouri-Columbia School of Law Legal Studies Research Paper No. 2006-27
Number of pages: 7 Posted: 05 Sep 2006
Frank O. Bowman III
University of Missouri School of Law
Downloads 71 (287,030)

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sentencing guidlines, federal sentencing guidelines, criminal law, United States Sentencing Commission, model sentencing guidelines, sentencing commission, sentencing range

28.

Prolegomenon on the Status of the Hopey, Changey Thing in American Criminal Justice

Federal Sentencing Reporter, Vol. 23, No. 2, 2010, University of Missouri School of Law Legal Studies Research Paper No. 2011-03
Number of pages: 21 Posted: 04 Jan 2011 Last Revised: 04 Mar 2011
Frank O. Bowman III
University of Missouri School of Law
Downloads 61 (310,453)

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Booker, Federal Sentencing Guidelines, Kimbrough, Gall, federal judges, sentencing, sentencing disparity, disparity, sentence severity, Sentencing Commission, Department of Justice, judiciary, Sixth Amendment, regional disparity, inter-judge disparity

29.

The Model Federal Sentencing Guidelines Project: Adjustments for Guilty Pleas and Cooperation with the Government, Model Sentencing Guidelines §§3.7-3.8

Federal Sentencing Reporter, Vol. 18, No. 5, p. 370, June 2006, U of Missouri-Columbia School of Law Legal Studies Research Paper No. 2006-30
Number of pages: 4 Posted: 12 Sep 2006
Frank O. Bowman III
University of Missouri School of Law
Downloads 56 (326,171)

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Sentencing, Acceptance of Responsibility, Guilty Plea, Substantial Assistance, Sentencing Guidelines, Model Sentencing Guidelines, Sentencing Commission, Crime, Punishment, Criminal Law, Cooperation Agreements

30.

The Model Federal Sentencing Guidelines Project: Departures, Model Sentencing Guidelines §5.1

Federal Sentencing Reporter, Vol. 18, p. 380, June 2006, U of Missouri-Columbia School of Law Legal Studies Research Paper No. 2006-31
Number of pages: 4 Posted: 13 Sep 2006
Frank O. Bowman III
University of Missouri School of Law
Downloads 55 (328,841)

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sentencing, crime, criminal law, Federal Sentencing Guidelines, departures, sentencing commission, United States Sentencing Commission

31.

Falling Out of Love with America: The Clinton Impeachment and the Madisonian Constitution

Maryland Law Review, Vol. 60, No. 1, pp. 5-25, 2001
Number of pages: 14 Posted: 22 Jun 2001 Last Revised: 15 Jan 2008
Frank O. Bowman III
University of Missouri School of Law
Downloads 52 (315,664)

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impeach, impeachment, Clinton, Madison, constitution, constitutional law, president

32.

The Case for Rapid Congressional Action in Response to Blakely V. Washington

Federal Sentencing Reporter, Vol. 16, p. 369, June 2004
Number of pages: 11 Posted: 26 Aug 2004
Frank O. Bowman III
University of Missouri School of Law
Downloads 48 (352,344)

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Sentencing, federal sentencing guidelines, Blakely v Washington, criminal law

33.

Damp Squib: The Disappointing Denouement of the Sentencing Commission's Economic Crime Project (And What They Should Do Now)

27 Federal Sentencing Reporter 270 (June 2015), University of Missouri School of Law Legal Studies Research Paper No. 2015-19
Number of pages: 26 Posted: 01 Sep 2015 Last Revised: 02 Sep 2015
Frank O. Bowman III
University of Missouri School of Law
Downloads 21 (352,344)

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criminal law, criminal justice, crime, sentencing, criminal sentencing, federal sentencing, Federal Sentencing Guidelines, U.S. Sentencing Commission, white collar crime, economic crime, guidelines amendments, fraud, fraud sentencing, fraud guidelines, loss, loss table, 2B1.1

34.

Days of Future Past: A Plea for More Useful and More Local Legal Scholarship

University of Missouri School of Law Legal Studies Research Paper No. 2017-17
Number of pages: 53 Posted: 02 Jun 2017 Last Revised: 14 Jun 2017
Frank O. Bowman III
University of Missouri School of Law
Downloads 0 (77,099)

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legal scholarship, scholarship, law school, law professor, tenure, law school rankings, U.S. News

35.

Recalibrating the Federal Economic Crime Guideline: An Admiring Rejoinder to Judge Bennett and Friends

102 Iowa Law Review Online 205 (2017), University of Missouri School of Law Legal Studies Research Paper No. 2017-14
Number of pages: 35 Posted: 10 Apr 2017 Last Revised: 28 Apr 2017
Frank O. Bowman III
University of Missouri School of Law
Downloads 0 (448,693)

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federal sentencing guidelines, guidelines, criminal law, sentencing, economic crime, fraud, 2B1.1, loss table, loss, sophisticated means, specific offense characteristics, victim table, pecuniary gain

36.

First Principles and Practical Politics: Thoughts on Judge Pryor's Proposal to Revive Presumptive Federal Sentencing Guidelines

29 Federal Sentencing Reporter __ (2017), Forthcoming, Federal Sentencing Reporter, Vol. 29, No. 2, 2017, University of Missouri School of Law Legal Studies Research Paper No. 2017-09
Number of pages: 10 Posted: 10 Jan 2017 Last Revised: 16 Mar 2017
Frank O. Bowman III
University of Missouri School of Law
Downloads 0 (313,014)

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sentencing, criminal sentencing, federal sentencing guidelines, Judge William Pryor, Booker, criminal law, criminal procedure, American Law Institute

37.

'Loss' Revisited: A Guarded Defense of the Centerpiece of the Federal Economic Crime Sentencing Guideline

82 Missouri Law Review __ (2017), University of Missouri School of Law Legal Studies Research Paper No. 2016-12
Number of pages: 32 Posted: 16 Jun 2016 Last Revised: 10 Apr 2017
Frank O. Bowman III
University of Missouri School of Law
Downloads 0 (250,118)

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Criminal Law, Criminal Sentencing, Sentencing, Federal Sentencing Guidelines, Sentencing Commission, Economic Crime, Economic Crime Sentencing, Fraud, Fraud Sentencing, 2B1.1, Loss

38.

Good Enough to Be Getting on With? The State of Federal Sentencing Reform Legislation, December 2015

Federal Sentencing Reporter, Vol. 28, No. 105, 2015, University of Missouri School of Law Legal Studies Research Paper No. 2016-06
Number of pages: 12 Posted: 18 Jan 2016 Last Revised: 02 May 2017
Frank O. Bowman III
University of Missouri School of Law
Downloads 0 (244,962)

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sentencing, criminal sentencing, federal sentencing, federal criminal sentencing, sentencing reform, federal sentencing reform, SRACA, Safe Justice Act, Sentencing Reform and Corrections Act, Corrections Act, Smarter Sentencing Act, Justice Safety Valve Act, mandatory minimum sentences

39.

Some Observations on the Mandatory Minimum Sentencing Provisions of S. 2123, The Sentencing Reform and Corrections Act of 2015

Federal Sentencing Reporter, Vol. 28, No. 141, 2015, University of Missouri School of Law Legal Studies Research Paper No. 2016-05
Number of pages: 14 Posted: 18 Jan 2016 Last Revised: 16 Feb 2016
Frank O. Bowman III
University of Missouri School of Law
Downloads 0 (183,412)

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sentencing, criminal sentencing, federal criminal sentencing, mandatory minimum sentences, federal mandatory minimum sentences, ACCA, Armed Career Criminal Act, Sentencing Reform and Corrections Act, S. 2123, safety valve, second safety valve

40.

Vox Populi: Robert McCulloch, Ferguson, and the Roles of Prosecutors and Grand Juries in High-Profile Cases

Missouri Law Review, Vol. 80, 2015, University of Missouri School of Law Legal Studies Research Paper No. 2016-01
Number of pages: 16 Posted: 17 Dec 2015 Last Revised: 05 Jan 2016
Frank O. Bowman III
University of Missouri School of Law
Downloads 0 (318,238)

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grand jury, prosecutor, indictment, probable cause, Ferguson, Michael Brown, Darren Wilson, Robert McCulloch, prosecutorial ethics, ethics, professional responsibility, grand jury deliberations

41.

Quiet Rebellion? Explaining Nearly a Decade of Declining Federal Drug Sentences

Iowa Law Review, Vol. 88, No. 4, p. 1043, May 2001
Posted: 31 Aug 2001
Frank O. Bowman III and Michael Heise
University of Missouri School of Law and Cornell Law School

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sentencing, drug offender, federal prison sentences, Federal Sentencing Guidelines

42.

A Judicious Solution: The Criminal Law Committee Draft Redefinition of the 'Loss' Concept in Economic Crime Sentencing

George Mason Law Review, Vol. 9, No. 2, pp. 451-501, 2000
Posted: 21 Jun 2001
Frank O. Bowman III
University of Missouri School of Law

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sentencing, Federal Sentencing Guidelines, economic crime, federal sentencing, fraud, loss, judicial conference

43.

Fear of Law: Thoughts on 'Fear of Judging' and the State of the Federal Sentencing Guidelines

Saint Louis University Law Journal, Vol. 44, No. 2, Pp. 299-358, Spring 2000
Posted: 21 Feb 2001
Frank O. Bowman III
University of Missouri School of Law

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44.

Departing is Such Sweet Sorrow: A Year of Judicial Revolt on 'Substantial Assistance Departures Follows a Decade of Prosecutorial Indiscipline'

Stetson Law Review, Vol. 24, No. 7, 1999
Posted: 16 Nov 1999
Frank O. Bowman III
University of Missouri School of Law

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45.

Coping with "Loss': A Re-Examination of Sentencing Federal Economic Crimes Under the Guidelines

In the Vanderbilt Law Review, Vol. 51, No. 1, 1998
Posted: 28 Oct 1998
Frank O. Bowman III
University of Missouri School of Law

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Other Papers (1)

Total Downloads: 19    Citations: 0
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1.

Encounters with an Inconstant Cerberus: A Response to Mr. Schmitt & A Modest Challenge to the Research Arm of the U.S. Sentencing Commission

Federal Sentencing Reporter, Vol. 28, 2016
Number of pages: 11 Posted: 07 Apr 2016
Frank O. Bowman III
University of Missouri School of Law
Downloads 0

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criminal law, crime, sentencing, criminal sentencing, U.S. Sentencing Commission, federal sentencing guidelines, sentencing guidelines, sentencing reform, Sentencing Reform and Corrections Act, federal sentencing reform, mandatory minimums, mandatory minimum sentences