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"Formerly known as the International Citation Manual"--p. xv.

For two centuries, federal judges exercised wide discretion in criminal sentencing. In 1987 a complex bureaucratic apparatus termed Sentencing "Guidelines" was imposed on federal courts. FEAR OF JUDGING is the first full-scale history, analysis, and critique of the new sentencing regime, arguing that it sacrifices comprehensibility and common sense.

This book argues that the Supreme Court performs two functions. The first is to identify the Constitution's idealized "meaning." The second is to develop tests and doctrines to realize that meaning in practice. Bridging the gap between the two--implementing the Constitution--requires moral vision, but also practical wisdom and common sense, ingenuity, and occasionally a willingness to make compromises. In emphasizing the Court's responsibility to make practical judgments, "Implementing the Constitution" takes issue with the two positions that have dominated recent debates about the Court's proper role. Constitutional "originalists" maintain that the Court's essential function is to identify the "original understanding" of constitutional language and then apply it deductively to current problems. This position is both unwise and unworkable, the book argues. It also critiques well-known accounts according to which the Court is concerned almost exclusively with matters of moral and constitutional principle. "Implementing the Constitution" bridges the worlds of constitutional theory, political theory, and constitutional practice. It illuminates the Supreme Court's decision of actual cases and its development of well-known doctrines. It is a doctrinal study that yields jurisprudential insights and a contribution to constitutional theory that is closely tied to actual judicial practice.

Dedicated to the Sailors and Marines who lost their lives on the final voyage of USS Indianapolis and to those who survived the torment at sea following its sinking. plus the crews that risked their lives in rescue ships. The USS Indianapolis (CA-35) was a decorated World War II warship that is primarily remembered for her worst 15 minutes. . This ship earned ten (10) battle stars for her service in World War II and was credited for shooting down nine (9) enemy planes. However, this fame was overshadowed by the first 15 minutes July 30, 1945, when she was struck by two (2) torpedoes from Japanese submarine I-58 and sent to the bottom of the Philippine Sea. The sinking of Indianapolis and the loss of 880 crew out of 1,196 --most deaths occurring in the 4-5 day wait for a rescue delayed --is a tragedy in U.S. naval history. This historical reference showcases primary source documents to tell the story of Indianapolis, the history of this tragedy from the U.S. Navy perspective. It recounts the sinking, rescue efforts, follow-up investigations, aftermath and continuing communications efforts. Included are deck logs to better understand the ship location when she sunk and testimony of survivors and participants. For additional historical publications produced by the U.S. Naval History and Heritage Command, please check out these resources here: https://bookstore.gpo.gov/agency/naval-history-heritage-command Year 2016 marked the 71st anniversary of the sinking and another spike in public attention on the loss -- including a big screen adaptation of the story, talk of future films, documentaries, and planned expeditions to locate the wreckage of the warship.