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Articles 31 - 32 of 32
Full-Text Articles in Law
Revenge Of The Sixth: The Constitutional Reckoning Of Pandemic Justice, Brandon Marc Draper
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.
The People's Court: On The Intellectual Origins Of American Judicial Power, Ian C. Bartrum
The People's Court: On The Intellectual Origins Of American Judicial Power, Ian C. Bartrum
Dickinson Law Review (2017-Present)
This article enters into the modern debate between “consti- tutional departmentalists”—who contend that the executive and legislative branches share constitutional interpretive authority with the courts—and what are sometimes called “judicial supremacists.” After exploring the relevant history of political ideas, I join the modern minority of voices in the latter camp.
This is an intellectual history of two evolving political ideas—popular sovereignty and the separation of powers—which merged in the making of American judicial power, and I argue we can only understand the structural function of judicial review by bringing these ideas together into an integrated whole. Or, put another way, …