Frank O. Bowman Publications

Academic Journals

Recalibrating the Federal Economic Crime Guideline: An Admiring Rejoinder to Judge Bennett and Friends, 102 IOWA LAW REVIEW ONLINE 205 (2017).

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First Principles and Practical Politics: Thoughts on Judge Pryor’s Proposal to Revive Presumptive Federal Sentencing Guidelines, 29 FEDERAL SENTENCING REPORTER 126 (2017)

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‘Loss’ Revisited: A Defense of the Centerpiece of the Federal Economic Crime Sentencing Guideline, 82 MISSOURI LAW REVIEW 1 (Winter 2017).

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Encounters With an Inconstant Cerberus: A Response to Mr. Schmitt, 28 FEDERAL SENTENCING REPORTER 353 (2016)

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Dispatches from Two Fronts of the Battle for Sentencing Reform: Parole and Federal Sentencing Legislation, 28 FEDERAL SENTENCING REPORTER 77 (2015)

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Observations on the Mandatory Minimum Sentencing Provisions of S. 2123, The Sentencing Reform and Corrections Act of 2015, 28 FEDERAL SENTENCING REPORTER 141 (2015).

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Good Enough to be Getting on With? The State of Federal Sentencing Reform Legislation, December 2015, 28 FEDERAL SENTENCING REPORTER 105 (2015).

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Vox Populi: Robert McCulloch, Ferguson, and the Roles of Prosecutors and Grand Juries in High-Profile Cases, 80 MISSOURI LAW REVIEW 1111 (2015).

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Damp Squib: The Disappointing Denouement of the Sentencing Commission’s Economic Crime Project (and What They Should Do Now), 27 FEDERAL SENTENCING REPORTER 270 (2015)

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Dead Law Walking: The Surprising Tenacity of the Federal Sentencing Guidelines, 51 HOUSTON LAW REVIEW 1227 (2014)

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Juvenile Lifers and Judicial Overreach: A Curmudgeonly Meditation on Miller v. Alabama, 78 MISSOURI LAW REVIEW 1015 (2013).

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Freeing Morgan Freeman: Expanding Back-End Release Authority in American Prisons, 4 WAKE FOREST JOURNAL OF LAW AND POLICY 9 (2014)

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Getting Away with Murder (Most of the Time): Civil War Era Homicide Cases in Boone County, Missouri, 77 MISSOURI LAW REVIEW 323 (2012)

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Editor’s Observations: It’s Alive! The Federal Booker-Fix Debate Stirs, 24 FEDERAL SENTENCING REPORTER 335 (2012)

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Nothing is Not Enough: Fix the Absurd Post-Booker Federal Sentencing System, 24 FEDERAL SENTENCING REPORTER 356 (2012)

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Prolegomenon on the Status of the Hopey, Changey Thing in American Criminal Justice, 23 FEDERAL SENTENCING REPORTER 93 (2010)

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Debacle: How the Supreme Court Has Mangled American Sentencing Law And How It Might Yet Be Mended, 77 UNIVERSITY OF CHICAGO LAW REVIEW 367 (2010)

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Stories of Crime, Trials, and Appeals in Civil War Era Missouri, 93 MARQUETTE LAW REVIEW 349 (2009)

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The Sounds of Silence: American Criminal Justice Policy in Election Year 2008, 20 FEDERAL SENTENCING REPORTER 289 (2008)

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Sentencing High-Loss Corporate Insider Frauds After Booker, 20 FEDERAL SENTENCING REPORTER 167 (2008)

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A Tribute to Roger Groot, 64 WASHINGTON & LEE LAW REVIEW 3 (2007)

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American Buffalo: Vanishing Acquittals and the Gradual Extinction of the Federal Criminal Trial Lawyer, 156 UNIVERSITY OF PENNSYLVANIA LAW REVIEW PENNumbra 226 (2007)

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‘The Question is Which is to Be Master – That’s All’: Cunningham, Claiborne, Rita and the Sixth Amendment Muddle, 19 FEDERAL SENTENCING REPORTER 155 (2007)

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The Model Federal Sentencing Guidelines Project: Departures, Model Sentencing Guidelines §5.1, 18 FEDERAL SENTENCING REPORTER 380 (2006)

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The Model Federal Sentencing Guidelines Project: Adjustments for Guilty Pleas and Cooperation with the Government, Model Sentencing Guidelines §3.7 – 3.8, 18 FEDERAL SENTENCING REPORTER 370 (2006)

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The Model Federal Sentencing Guidelines Project: Sentencing Factors Applicable to All Offense Types, Model Sentencing Guidelines §3.1 – 3.6, 18 FEDERAL SENTENCING REPORTER 364 (2006)

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The Model Federal Sentencing Guidelines Project: A Simplified Economic Crimes Guideline, Model Sentencing Guidelines §2B1.1, 18 FEDERAL SENTENCING REPORTER 330 (2006)

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The Model Federal Sentencing Guidelines Project: Determining the Sentencing Range and the Sentence Within Range, Model Sentencing Guidelines §1.2 – 1.8, 18 FEDERAL SENTENCING REPORTER 323 (2006)

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The Model Federal Sentencing Guidelines Project: A Simplified Sentencing Grid, Model Sentencing Guidelines §1.1, 18 FEDERAL SENTENCING REPORTER 320 (2006)

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‘Tis a Gift To Be Simple: A Model Reform of the Federal Sentencing Guidelines, 18 FEDERAL SENTENCING REPORTER 301 (2006)

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The Year of Jubilee or Maybe Not: Some Preliminary Observations About the Operation of the Federal Sentencing System After Booker, 43 HOUSTON LAW REVIEW 279 (2006)

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Mr. Madison Meets a Time Machine: The Political Science of Federal Sentencing Reform, 58 STANFORD LAW REVIEW 235 (2005)

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The Failure of the Federal Sentencing System: A Structural Analysis, 105 COLUMBIA LAW REVIEW 1315 (2005)

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Beyond BandAids: A Proposal for Reconfiguring Federal Sentencing After Booker, 2005 UNIVERSITY OF CHICAGO LEGAL FORUM 149 (2005)

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Murder, Meth, Mammon & Moral Values: The Political Landscape of American Sentencing Reform (in symposium on white collar crime), 44 WASHBURN LAW JOURNAL 495 (2005)

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Function Over Formalism: A Provisional Theory of the Constitutional Law of Crime and Punishment, 17 FEDERAL SENTENCING REPORTER 1 (October 2004)

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A Proposal for Bringing the Federal Sentencing Guidelines Into Conformity with Blakely v. Washington, 16 FEDERAL SENTENCING REPORTER 364 (June 2004)

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The Case for Rapid Congressional Action in Response to Blakely v. Washington, 16 FEDERAL SENTENCING REPORTER 369 (June 2004)

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Drifting Down the Dnieper With Prince Potemkin: Some Skeptical Reflections About the Place of Compliance Programs in Federal Criminal Sentencing (symposium), 39 WAKE FOREST LAW REVIEW 671 (2004)

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Pour Encourager les Autres? The Curious History and Distressing Implications of the Criminal Provisions of the Sarbanes-Oxley Act and the Sentencing Guidelines Amendments That Followed, 1 OHIO STATE JOURNAL OF CRIMINAL LAW 373 (2004)

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Editor’s Observations: The Sarbanes-Oxley Act and What Came After, 15 FEDERAL SENTENCING REPORTER 231 (April 2003)

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A Challenge to the Rationale for General Economic Crime Sentence Increases Following Sarbanes-Oxley, 15 FEDERAL SENTENCING REPORTER 284 (April 2003)

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Editor’s Observations: The Geology of Drug Policy in 2002, 14 FEDERAL SENTENCING REPORTER 123 (Feb. 2002)

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Quiet Rebellion II: An Empirical Analysis of Declining Federal Drug Sentences Including Data from the District Level with Michael Heise, 87 IOWA LAW REVIEW 477 (2002)

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Quiet Rebellion? Explaining Nearly a Decade of Declining Federal Drug Sentences with Michael Heise, 86 IOWA LAW REVIEW 1043 (2001)

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The 2001 Federal Economic Crime Sentencing Reforms: An Analysis and Legislative History, 35 INDIANA LAW REVIEW 5 (2001)

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Falling out of Love with America: The Clinton Impeachment and the Madisonian Constitution, 60 MARYLAND LAW REVIEW 5 (2001)

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A Judicious Solution: The Criminal Law Committee Draft Redefinition of the Loss Concept in Economic Crime Sentencing, 9 GEORGE MASON LAW REVIEW 451 (2000).

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Editor’s Observations: The 2001 Economic Crime Package: A Legislative History, 13 FEDERAL SENTENCING REPORTER 3 (July/Aug 2000)

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Briefing Paper on Problems in Redefining "Loss" (U.S. Sentencing Commission Economic Crime Symposium), 13 FEDERAL SENTENCING REPORTER 22 (July/Aug 2000)

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Fear of Law: Thoughts on Fear of Judging and the State of the Federal Sentencing Guidelines (Sentencing Symposium), 44 SAINT LOUIS UNIVERSITY LAW JOURNAL 299 (2000).

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Sentencing Guidelines: Where We Are and How We Got Here (panel remarks), 44 SAINT LOUIS UNIVERSITY LAW JOURNAL 405 (2000)

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Completing the Sentencing Revolution: Reconsidering Sentencing Procedure in the Guidelines Era, 12 FEDERAL SENTENCING REPORTER 187 (Jan/Feb 2000)

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Practical Magic: A Few Down-to-Earth Suggestions for the New Sentencing Commission, 12 FEDERAL SENTENCING REPORTER 101 (Sept/Oct 1999)

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High Crimes and Misdemeanors: Defining the Constitutional Limits on Presidential Impeachment with Stephen L. Sepinuck, 72 SOUTHERN CALIFORNIA LAW REVIEW 1517 (1999)

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Defending Substantial Assistance: An Old Prosecutor’s Meditation on Singleton, Sealed Case, and the Maxfield-Kramer Report, 12 FEDERAL SENTENCING REPORTER 45 (July/Aug,1999)

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Departing Is Such Sweet Sorrow: A Year of Judicial Revolt on "Substantial Assistance" Departures Follows a Decade of Prosecutorial Indiscipline (Prosecution Law Symposium), 29 STETSON LAW REVIEW 7 (1999)

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Coping with "Loss": A Re-Examination of Sentencing Federal Economic Crimes under the Guidelines, 51 VANDERBILT LAW REVIEW 461 (1998)

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Guest Editor’s Observations: Back to Basics: Helping the Commission Solve the "Loss" Mess with Old Familiar Tools, 10 FEDERAL SENTENCING REPORTER 115 (1997)

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Appendix to Guest Editor’s Observations: A Proposal for a Consolidated Theft/Fraud Guideline, 10 FEDERAL SENTENCING REPORTER 173 (Nov/Dec 1997)

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Places in the Heartland: Departure Jurisprudence After Koon, 9 FEDERAL SENTENCING REPORTER 19 (1996)

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To Tell the Truth: The Problem of Prosecutorial "Manipulation" of Sentencing Facts, 8 FEDERAL SENTENCING REPORTER 324 (May/June 1996)

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A Bludgeon by Any Other Name: The Misuse of Ethical Rules against Prosecutors to Control the Law of the State, 9 GEORGETOWN JOURNAL OF LEGAL ETHICS 665 (1996)

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Quality of Mercy Must Be Restrained, and Other Lessons in Learning to Love the Federal Sentencing Guidelines, 1996 WISCONSIN LAW REVIEW 679 (1996)

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Playing "21" with Narcotics Enforcement: A Response to Professor Carrington (symposium, Regulatory Future of Contingent Employment), 52 WASHINGTON & LEE LAW REVIEW 937 (1995)

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Additional Publications

Days of Future Past: A Plea for More Useful and More Local Legal Scholarship, University of Missouri School of Law Legal Studies Research Paper No. 2017-17 (forthcoming)

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Books

Federal Sentencing Guidelines Handbook with Roger W. Haines, Jr. and Jennifer C. Woll, (Thomson/West 2014)

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Federal Forfeiture Guide with Roger W. Haines, Jr., (James Publishing)(annual book and monthly newsletters, 1996-2000)

Other Publications

Comment on Proposed Amendments to Economic Crime Guideline, 2B1.1, Testimony before the United States Sentencing Commission, March 12, 2015

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Congress Shouldn't Impeach Bybee, SLATE (April 24, 2009)

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Filling the Vacuum: As the government's regulatory power has faded, federal prosecutors have stepped to the plate, THE AMERICAN LAWYER, August 2008 at 138

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Foul Ball How the Justice Department Misplayed the Steroids Investigation., SLATE (January 14, 2008).

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The Icing Is Iglesias: His Firing Is Reason Alone For Congress To Impeach Gonzales, SLATE (May 17, 2007)

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From Toady to True Believer: How Confirming Michael Mukasey Will Further Cripple Congress, SLATE (Oct. 22, 2007)

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Op-Ed., He's Impeachable, You Know, NEW YORK TIMES, May 3, 2007, at A25

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Sacrificial Felon, THE AMERICAN LAWYER, January 2007 at 63

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No Time for Judges, 26 No. 16 LEGAL TIMES 69 (April 21, 2003)

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When Sentences Don't Make Sense, WASHINGTON POST, Aug. 15, 2003 at B5

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Ensuring the Punishment Fits the Crime, WASHINGTON TIMES, Aug. 31, 2003

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Professional Journals

Train Wreck? Or Can the Federal Sentencing System Be Saved? A Plea for Rapid Reversal of Blakely v. Washington (forward to Nineteenth Survey of White Collar Crime), 41 AMERICAN CRIMINAL LAW REVIEW 217 (2004)

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Ewing v. California: The Supreme Court Takes a Walk on Three Strikes Laws and That's Fine, JURIST (March 24, 2003)

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Working Papers

British Impeachments (1376–1787) and the Present American Constitutional Crisis, University of Missouri School of Law Legal Studies Research Paper 2018-30

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