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Justice Kennedy's Sixth Amendment Pragmatism, Stephanos Bibas Jan 2013

Justice Kennedy's Sixth Amendment Pragmatism, Stephanos Bibas

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This essay, written as part of a symposium on the evolution of Justice Kennedy’s jurisprudence, surveys three areas of criminal procedure under the Sixth Amendment: sentence enhancements, the admissibility of hearsay, and the regulation of defense counsel’s responsibilities. In each area, Justice Kennedy has been a notable voice of pragmatism, focusing not on bygone analogies to the eighteenth century but on a hard-headed appreciation of the twenty-first. He has shown sensitivity to modern criminal practice, prevailing professional norms, and practical constraints, as befits a Justice who came to the bench with many years of private-practice experience. His touchstone is not …


What Ed Cooper Has Taught Me About The Realities And Complexities Of Appellate Jurisdiction And Procedure, Catherine T. Struve Jan 2013

What Ed Cooper Has Taught Me About The Realities And Complexities Of Appellate Jurisdiction And Procedure, Catherine T. Struve

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No abstract provided.