Law Commons^™

The Right To A Jury Decision On Sentencing Facts After Booker: What The Seventh Amendment Can Teach The Sixth, Paul F. Kirgis

Faculty Law Review Articles

(the) Supreme Court's Sixth and Seventh Amendment jurisprudence has not created a more expansive jury right for criminal defendants. Instead, it has produced a system in which a civil litigant may demand a jury decision on questions that, if presented in a criminal case, would fall within the exclusive province of the judge. This Article explores this anomaly and argues that the Supreme Court in Booker missed a critical opportunity to redress the constriction of the criminal defendant's right to have a jury decide those facts that lead to the deprivation of the defendant's liberty.

My argument (on these points) …

The Original Meaning Of The Establishment Clause, Robert G. Natelson

Faculty Law Review Articles

The article builds on Establishment Clause studies conducted by Noah Feldman and Philip Hamburger, which utilize ratification materials to explain the founding generation's free exercise ideology and the emergence of the Establishment Clause from that ideology. In this article, the author demonstrates how the "religion terms" of the Gentlemen's Agreement clarifies the meaning of the Establishment Clause so that persistent interpretive difficulties largely disappear.

Crawford V. Washington: The End Of Victimless Prosecution?, Andrew King-Ries

Faculty Law Review Articles

Domestic violence offenses are difficult to prosecute because the batterer's actions often make the victim unavailable to testify. Since the mid- 1990s, prosecutors have pursued "victimless" prosecutions' to combat the problem.2 Victimless prosecutions seek to introduce reliable evidence without the victim's in-court testimony, often to maintain the victim's safety or to avoid re-victimizing the victim.3 The victimless prosecution is based largely on the admission of hearsay statements that a victim makes to 911 operators, police officers, doctors, nurses, paramedics, and social workers.4 Victimless prosecution has been a highly successful tool in society's efforts to eradicate domestic violence and it is …

Beauty And The Beast-Hybrid Prosecution Externships In A Non-Urban Setting, Margaret A. (Peggy) Tonon

Faculty Law Review Articles

This article examines and demonstrates how two components -- hybrid and a non-urban setting -- work together to create quality external prosecution clinics. Part I describes the non-urban setting of the University of Montana School of Law and explores the emotional and political characteristics of the non-urban setting. Part II discusses the definition of a hybrid clinic as it is understood at the University of Montana School of Law and as it is described in the published scholarship. Part III examines the history of clinical education at the University of Montana School of Law and describes the evolution of the …

Introduction -- 21st Century Law, Technology, And Ethics: The Lawyer's Role As A Public Citizen, Irma S. Russell

Faculty Law Review Articles

The author addresses how modern developments in technology and the law bring with them the need for reassessment of the vision of the lawyer as a public citizen in this introduction to the University of Memphis Law Review issue on the symposium, 21st Century Law, Technology and Ethics: The Lawyer's Role as a Public Citizen.