Law.com Subscribers SAVE 30%
Call 855-808-4530 or email [email protected] to receive your discount on a new subscription.
Rita v. U.S.
Two-and-a-half years ago, the Supreme Court ruled in the remedial portion of its bifurcated decision in U.S. v. Booker, 543 U.S. 220 (2005), that the system of federal Sentencing Guidelines established by the Sentencing Reform Act of 1984 could pass constitutional muster only if the Guidelines were treated as having advisory, rather than mandatory, effect. But Booker left open the question of how much weight the now advisory Guidelines should henceforth be given in a district court's sentencing calculus. Was the Guidelines offense level entitled to predominant weight, first in shaping, and then in reviewing, a district court's sentencing decision? Or should the Guidelines instead be treated as only one factor, entitled to no greater weight than the other half-dozen considerations set forth in 18 U.S.C. ' 3553(a)?
Last November, the Supreme Court granted writs of certiorari in two cases ' Rita v. United States, No. 06-5754 and Claiborne v. United States, No. 06-5618 ' that seemed likely to resolve this question. The main issue in Rita was whether it was consistent with Booker to accord a presumption of reasonableness to sentences within the range calculated under the Guidelines. Claiborne presented the related issue of whether appellate courts could require that a sentence constituting a substantial variance from the Guidelines be justified by extraordinary circumstances.
This premium content is locked for Entertainment Law & Finance subscribers only
ENJOY UNLIMITED ACCESS TO THE SINGLE SOURCE OF OBJECTIVE LEGAL ANALYSIS, PRACTICAL INSIGHTS, AND NEWS IN ENTERTAINMENT LAW.
- Stay current on the latest information, rulings, regulations, and trends
- Includes practical, must-have information on copyrights, royalties, AI, and more
- Tap into expert guidance from top entertainment lawyers and experts
Already a have an account? Sign In Now Log In Now
For enterprise-wide or corporate acess, please contact Customer Service at [email protected] or 877-256-2473
New York's Latest Cybersecurity Commitment
On Aug. 9, 2023, Gov. Kathy Hochul introduced New York's inaugural comprehensive cybersecurity strategy. In sum, the plan aims to update government networks, bolster county-level digital defenses, and regulate critical infrastructure.
Law Firms are Reducing Redundant Real Estate by Bringing Support Services Back to the Office
A trend analysis of the benefits and challenges of bringing back administrative, word processing and billing services to law offices.
Bit Parts
Summary Judgment Denied Defendant in Declaratory Action by Producer of To Kill a Mockingbird Broadway Play Seeking Amateur Theatrical Rights
How AI Has Affected PR
When we consider how the use of AI affects legal PR and communications, we have to look at it as an industrywide global phenomenon. A recent online conference provided an overview of the latest AI trends in public relations, and specifically, the impact of AI on communications. Here are some of the key points and takeaways from several of the speakers, who provided current best practices, tips, concerns and case studies.