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Volume 92 - Issue 5

Note: Toward a Robust Separation of Powers: Recapturing the Judiciary's Role at Sentencing

By Hans H. Grong. Full text here. Twenty years ago, Congress fundamentally changed the procedure for sentencing criminal defendants in the federal system by creating the United States Sentencing Commission to promulgate the Federal Sentencing Guidelines. The Guidelines were an attempt to increase transparency and decrease disparities in criminal sentences. Unfortunately, as the Supreme Court recognized…

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Note: A Mock Funeral for a First Amendment Double Standard: Containing Coercion in Secondary Labor Boycotts

By Dan Ganin. Full text here. The secondary boycott provision of the National Labor Relations Act prohibits labor unions from using coercive tactics to induce “neutral” parties to sever economic ties with others. Although the judiciary has failed to clearly delineate the concept of coercion, secondary labor picketing has been deemed categorically coercive and subject…

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