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Full-Text Articles in Law

This Toothless Court: Judicial Review In Wisconsin Post-Mayo, Jay Mcdivitt Jul 2021

This Toothless Court: Judicial Review In Wisconsin Post-Mayo, Jay Mcdivitt

Marquette Law Review

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Swearing In The Phoenix: Toward A More Sensible System For Seating Members Of The House Of Representatives At Organization, Brian C. Kalt Jan 2021

Swearing In The Phoenix: Toward A More Sensible System For Seating Members Of The House Of Representatives At Organization, Brian C. Kalt

Marquette Law Review

Under U.S. House precedent, any member-elect can challenge the right of

any other member-elect to take the oath of office at the beginning of a new term.

The uncontested members-elect then swear in and decide the fate of those who

were forced to stand aside. If the House is closely divided and there are

disputed elections at the margins, a minority party could exploit this procedure

to try to seize control of the House.


Revenge Of The Sixth: The Constitutional Reckoning Of Pandemic Justice, Brandon Marc Draper Jan 2021

Revenge Of The Sixth: The Constitutional Reckoning Of Pandemic Justice, Brandon Marc Draper

Marquette Law Review

The Sixth Amendment’s criminal jury right is integral to the United States

criminal justice system. While this right is also implicated by the Due Process

Clause, Equal Protection Clause, and several federal and state statutes,

criminal jury trial rates have been declining for decades, down from

approximately 20% to 2% between 1988 to 2018. This dramatic drop in the

rate of criminal jury trials is an effective measure of the decreased access to

fair and constitutional criminal jury trials.