FSR, Volume 38, Issue 1: Administrations in Transition
The February 2026 issue of the Federal Sentencing Reporter explores how law, policy, and innovation intersect amid dramatic shifts between presidential administrations
I am pleased to be able to use this space to highlight the recent publication of the latest issue of the Federal Sentencing Reporter. The issue, titled “Administrations in Transition,” seeks to cover various criminal justice and sentencing shifts in the dynamic transition between presidential administrations.
The transition in presidential administrations always produces some change and uncertainty, and the most recent federal leadership shift has altered the criminal justice landscape in myriad ways. Articles in this FSR issue, which were authored soon after the Trump Administration took the reins, trace pendulum swings in drug policy and sentencing reform, in capital punishment administration, and in the exercise of clemency power. The issue aspires to provide assessments of President Biden’s criminal justice reform legacy and also to provide an early view of the Trump Administration’s criminal justice priorities. Articles in the issue also look forward, exploring topics ranging from AI-driven post-conviction review to faith-based programs under the First Step Act.
Together, the articles in this latest FSR issue hope to offer a compass and roadmap for practitioners, policymakers, and scholars confronting the challenges — and opportunities — of criminal justice reform and criminal sentencing in an era of rapid change. The full issue and access to all the articles are available at this Duke University Press link.
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FSR, Volume 38, Issue 1: Administrations in Transition
Drug Decriminalization and Recriminalization: Predicting the Future in Uncertain Times by Laura I. Appleman
Retroactivity and Drug Sentencing: The Through Line from Trump to Biden and Back by Sarah Gersten
Trump’s Executions, Biden’s Commutations, and Federalism by Jonah J. Horwitz
The Continued Political Tug-of-War on Capital Sentencing by Melanie Kalmanson
Biden’s Criminal Justice Legacy by Mark Osler; Rachel E. Barkow
The Framers’ Mistake and What to Do about It by William G. Otis
Lenity and Loper Bright: Narrow Construction of Penal Laws Trumps Administrative Deference in Criminal Contexts to Preserve Liberty and Curb Agency Overreach by Stephen R. Sady; Devin D. Huseby
Artificially Intelligent Postconviction Review by Terry Skolnik
Advancing the First Step Act: The Intersection of Faith, Law, and Correctional Science Available by Jay Whetzel; Heidi Kugler; Mark A. Sherman; Scott Anders; Joseph LaFratta; Olivia McCann
