Briefing Room

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Douglas Berman

Fair Sentencing? Disparities Linger, But Leniency Plays A Part

“That doesn’t mean we ought not be more consistent,” Berman said. “But as we worry about disparity, I think it’s especially important to remember that that disparity has generally been driven by judges aspiring to be more lenient than what are indisputably overly severe guidelines.”

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Paul Rose

Report: Political investing decisions hurt public finances, lead to tax hikes

“There’s sometimes a knee-jerk reaction where you think any kind of divestment for, say, fossil fuels, is just about politics,” Rose said. “In reality, it might be because they are looking long-term and see things are changing and they don’t want to be holding on to those assets.”

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Peter Shane

Trump Says He Alone Can Do It. His Attorney General Nominee Usually Agrees.

“The interpretive approach of Justice Department lawyers to the Constitution is very important because many separation-of-powers issues never wind up in court,” Shane said. “Barr’s method is not uniquely his, but it does represent a particularly aggressive school of executive power thought.”

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Edward Foley

An Idea for Electoral College Reform That Both Parties Might Actually Like

“Simply put, the way we currently elect presidents would horrify the early American authors of the U.S. electoral system, as defined in the 12th Amendment,” Foley writes. 

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Douglas Berman

Federal judges are giving out shorter sentences in 30 cities since a key Supreme Court case

“If we think that disparity is a problem that needs to be remedied, we need to get the guidelines set in a way that garners more respect and makes judges more inclined to follow them,” Berman said.

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Daniel Tokaji

US voters tackle gerrymandering with gusto. Incumbents are less sure.

“When you’ve got a political system in which there’s virtually no bipartisan compromise, partisan gerrymandering really means that people who are affiliated with the minority party have zero power,” Tokaji said.

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Kimberly Jordan

Justice for young human trafficking victims

“By representing kids who have been victimized, we’re giving them a voice they haven’t had before,” Jordan said. “They know they have somebody on their side fighting for them and arguing for what they want to happen in their lives, to try to move forward into adulthood.”

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Peter Shane

Even if Trump Tries to Fire Mueller, He Can’t Fire the Grand Jury

“Uncertainty as to the future of the Russia investigation will surely not abate amid the president’s Twitter storms,” Shane writes.

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Douglas Berman

With medical marijuana imminent in Ohio, some attorneys say driving limit for drug is too low

“In a world where marijuana is illegal for all purposes, any presence of the drug at any level is itself a crime,” Berman said. “So most states have set driving levels low.”

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Daniel Chow

Inside the market that sells everything from knickknacks to knock-offs

“Yiwu is a model of economic success,” Chow said. “But its economic success is based upon illegal activity.”

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Edward Foley

Why election officials are pinning their hopes on different vote-verifying technologies

“This is a theme that goes all the way back through the beginnings of American history,” Foley said.

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Micah Berman

What it means that the Surgeon General now calls vaping an ‘epidemic’

“They are a tool used by the Surgeon General to call attention to an issue and to provide guidance to the public,” Berman said. “They are only issued rarely, when immediate action is called for—which is what makes them so noteworthy.”

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