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Frankel At 50: A Half-Century's Perspective on Criminal Sent

Frankel at 50: A Half-Century’s Perspective on Criminal Sentences: Law Without Order
Monday, April 24, 2023 | 8:30 a.m. - 5:30 p.m. 
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Format: IN-PERSON

Program Fee:
$50 Members of Sponsoring Organizations at Government/Non-Profit Organizations
$100 Members of Sponsoring Organizations
$150 Non-Members


Description:
Published in 1973, Judge Marvin Frankel’s book Criminal Sentences: Law Without Order, assailed just about every aspect of existing arbitrary sentencing practices and advocated for the creation of a “commission on sentencing” to be tasked with developing guidelines for “the numerous factors affecting the length or severity of sentences.” Judge Frankel’s book paved the way for modern sentencing reform, spurring the enactment of numerous sentencing reforms at the state level and the passage of the Sentencing Reform Act of 1984 which completely rebuilt the federal sentencing system. As a result, Criminal Sentences: Law Without Order has affected tens of millions of defendants sentenced in state and federal courts over the last half-century.

At the same time, some have suggested his proposals—or at least their implementation—have contributed significantly to the growth of prison populations in recent decades. Reflecting on Judge Frankel’s book a half-century later can provide profound insights and perspectives on how modern sentencing has evolved and where it should be headed. The one-day symposium will bring together sentencing experts from academia and law practice to discuss various aspects of Judge Frankel’s ideas, how they have played out over the last half-century, and whether they should guide us for the next fifty years.

This full-day event will include a light breakfast, multiple plenary panels, lunch, two sets of concurrent panels, a fireside chat, and a closing reception. Please find the day's complete agenda here.

CLE Credit:
New York: 4.0 Professional Practice
New Jersey: 4.0 General 
California: 4.0 General
Pennsylvania: 4.0 General
Connecticut: Available to Licensed Attorneys

8:30 am - 9:00 am 
Check-In/Breakfast

9:00 am - 9:15 am
Welcoming Remarks
Gary P. Naftalis, Kramer Levin Naftalis & Frankel LLP
Barry Berke, Kramer Levin Naftalis & Frankel LLP

9:15 am - 10:15 am
 Historical Review and Lessons for Today

Speakers:
Judge Nancy Gertner (retired), Senior Lecturer on Law, Harvard Law
Ronald Weich, Dean, Professor of Law, University of Baltimore School of Law
Al Alschuler, Julius Kreeger Professor Emeritus of Law and Criminology, The University of Chicago Law School
Judge Gerald Lynch, Senior U.S. Circuit Judge, U.S. Court of Appeals for the Second Circuit

Moderator:
Steven L. Chanenson, Professor of Law, Faculty Director, The David F. and Constance B. Girard-diCarlo Center for Ethics, Integrity and Compliance
Villanova University Charles Widger School of Law

10:15 am - 11:15 am
Troubles with Guidelines’ Substance: Inputs and Outputs (CLE: 1 Credit Professional Practice)
 (
Speakers:
Douglas Berman, Newton D. Baker-Baker & Hostetler Chair in Law; Executive Director of the Drug Enforcement and Policy Center, Moritz College of Law at The Ohio State University
Magistrate Judge Jennifer Willis, U.S. District Court, Southern District of New York   
David Patton, Executive Director, Federal Defenders of New York for the Southern and Eastern Districts of New York

Moderator:
Jelani Jefferson Exum, Dean, School of Law, Philip J. McElroy Professor of Law, University of Detroit Mercy

11:30 am - 12:30 pm
Concurrent Session A - The Purposes of Sentencing: Then and Now

Speakers:
Judge Lynn Adelman, United States District Court, Eastern District of Wisconsin 
Judge Nancy Gertner (retired), Senior Lecturer on Law, Harvard Law
Jelani Jefferson Exum, Dean, School of Law, Philip J. McElroy Professor of Law, University of Detroit Mercy

Moderator:
Douglas Berman, Newton D. Baker-Baker & Hostetler Chair in Law; Executive Director of the Drug Enforcement and Policy Center, Moritz College of Law at The Ohio State University

Concurrent Session B - The Structures of Sentencing: Law and Policymaking

Speakers:
Jonathan Wroblewski, Director of the Office of Policy and Legislation, Criminal Division of the U.S. Department of Justice
Cecelia Klingele, Associate Professor of Law, University of Wisconsin, School of Law
Rachel Barkow, Charles Seligson Professor of Law, New York University School of Law

Moderator:
Adam Gelb, President and CEO, Council on Criminal Justice

12:30 pm - 1:30 pm
Networking Lunch

1:30 pm - 2:30 pm
Concurrent Session A - Second Looks in the Courtroom (CLE: 1 Credit Professional Practice)

Speakers:
Sean Hecker, Litigation, Kaplan Hecker & Fink LLP
Judge John Gleeson, Debevoise & Plimpton LLP; former United States District Court Judge, Eastern District of New York
Norman Reimer, Global CEO, Fair Trials
Louis Reed, Criminal Justice Reform Strategist and Advocate

Moderator:
Nora Demleitner, President of St. John’s College

Concurrent Session B - Sentencing Information for Modern Judges (CLE: 1 Credit Professional Practice)

Speakers:
Senior District Judge Charles Breyer, United States District Court, Northern District of California 
Mark Bergstrom, Associate Teaching Professor of Sociology and Criminology; Executive Director of the Pennsylvania Commission on Sentencing
Chief Justice Tina Nadeau, New Hampshire Superior Court

Moderator:
Steven L. Chanenson, Professor of Law, Faculty Director, The David F. and Constance B. Girard-diCarlo Center for Ethics, Integrity and Compliance
Villanova University Charles Widger School of Law

2:45 pm - 3:45 pm
The Future of Structured Sentencing (CLE: 1 Credit Professional Practice)

Speakers:
Jonathan Wroblewski, Director of the Office of Policy and Legislation, Criminal Division of the U.S. Department of Justice
John Maki, CCJ Long Sentences Task Force 
Marta Nelson, Director of Government Strategy, Advocacy and Partnerships, Vera Institute for Justice

Moderator:
Bennett Capers, John D. Feerick Research Professor of Law, and Director, Center on Race, Law, and Justice, Fordham University

3:45 pm - 4:30 pm
Fireside Chat - Reflections and Reactions from Past Chairs of the US Sentencing Commission

Welcome:
Susan J. Kohlmann, President, New York City Bar Association 

Speakers:
Senior District Judge Charles Breyer, United States District Court, Northern District of California 
Judge Ricardo Hinojosa, United States District Court, Southern District of Texas
Judge Patti Saris, United States District Court, District of Massachusetts 

Moderator:
Douglas Berman, Newton D. Baker-Baker & Hostetler Chair in Law; Executive Director of the Drug Enforcement and Policy Center, Moritz College of Law at The Ohio State University

4:30 pm - 5:30 pm
Closing Remarks and Networking Reception

Sponsoring Committee:
Federal Courts, Richard Hong, Chair

Sponsoring Organizations:
Drug Enforcement and Policy Center
Council on Criminal Justice
Federal Sentencing Reporter
New York City Bar Association

Thank You To Our Sponsors:
Premium Sponsor


Sponsor


Where
New York City Bar Association 42 West 44th Street New York, NY 10036

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