It is strongly recommended that you include your outline in the body of your essay by using the outline as section titles. The headings below are there to remind you how section and subsection titles are formatted.

Paper Title - Topic: How Holmes' discussion of the distinction between what the law is and what is does plays out in the sentencing laws on crack-cocaine.

-- By CarinaWallance - 09 Feb 2008

Section I - What the sentencing on crack-cocaine is and what it does

Subsection A - Holmes, What the law is v. what the law does

(class notes) ‘If you want to know the law and nothing else – you have to adapt the position of a bad man’ (5) To understand the law in itself as a subject in isolation out of context This is entrance to legal realism – if you want to know what law is you have to know what it does not what it says This is pragmatism: notion ideas are what they do in the world not what they call themselves But often this is confused in proposition that separation of law and morality Holmes: description of morality and there is what the law does Realistically – Holmes would say – in order to know what the law is you have to know what you can really do – on this level movement for abortion rights in the US is a bust Holmes: moral language doesn’t do much good, you want to know what is actually going to happen – bad man needs that kind of information There is surely law that is not in the books that you need to know – how things work But in principle law is the prediction about the application of public force

Subsub 1

Subsection B - As applied to Crack-cocaine sentencing

Subsub 1 - Law: equal protection and due process

Subsub 2 - What it does: racial discrimination in 100-to-1 rule

Crack-cocaine law v. cocaine laws

Section II Where we are

Subsection A - Mukasey's position before the House Judiciary Committee

Subsection B - As compared to what the sentencing commission's plan actually is

---

You are entitled to restrict access to your paper if you want to. But we all derive immense benefit from reading one another's work, and I hope you won't feel the need unless the subject matter is personal and its disclosure would be harmful or undesirable. To restrict access to your paper simply delete the "#" on the next line:

# * Set ALLOWTOPICVIEW = TWikiAdminGroup, AdamCarlis

Note: TWiki has strict formatting rules. Make sure you preserve the three spaces, asterisk, and extra space at the beginning of that line. If you wish to give access to any other users simply add them to the comma separated list

---

I renamed this page from TWikiGuest-FirstPaper to CarinaWallance-FirstPaper

-- EbenMoglen - 09 Feb 2008