On May 17, 2010, the Court sided with the Center and ruled for Graham. Moreover, the Graham dissent cited Faculty Director Rachel E. Barkow’s article “The Court of Life and Death: The Two Tracks of Constitutional Sentencing Law and the Case for Uniformity,” 107 Mich. L. Rev. 1145 (2009), for the limited proposition that the Court’s decision in Solem v. Helm is an outlier within the Court’s jurisprudence. ➤ United States v. Arizona united states district court for the district of arizona The Center filed an amicus brief in support of the United States in its lawsuit against the State of Arizona challenging the constitutionality of the state’s newly enacted anti-immigration statute. The Center’s brief argued that the Arizona law threatens public safety by undermining law enforcement efforts to maintain positive relationships and open lines of communication with the communities they serve. This amicus brief was filed in partnership with the law firm Friedman, Kaplan, Seiler & Adelman LLP. On July 28, 2010, the district court sided with the Center and enjoined the most controversial aspects of the legislation.
Save the Date
➤ United States v. O’Brien, supreme court of the united states The Center filed an amicus brief in support of the defendant, arguing that the logic of the Supreme Court’s decision in United States v. Booker made clear that Harris v. United States—in which Justice Breyer was the crucial swing vote in the majority—is no longer good law, and therefore facts that trigger mandatory minimum sentences must be treated as offense elements. This amicus brief was filed in partnership with the law firm Jenner & Block. On May 24, 2010, the Court issued a unanimous opinion siding with the Center. At oral argument, Justice Breyer noted that he had switched the view he had taken in Harris and now embraces the argument advocated in the Center’s brief that Harris should be overruled. In his concurrence, Justice Stevens pointed out Justice Breyer’s change of opinion.
third Annual Major Conference
“Policing, Regulating, and Prosecuting Corruption” (co-hosted with the NYU Annual Survey of American Law Spring 2011 Symposium) Keynote speakers: Anne Milgram (’96) ,
the former Attorney General of the State of New Jersey and current senior fellow at the Center Neil M. Barofsky (’95) , the Special Inspector General of the Troubled Asset Relief Program
Greenberg Lounge, Vanderbilt Hall 40 Washington Square South Invitations to follow
march 25, 2011
p r o s e c u t i o n n o t e s F ALL 2 0 1 0 3