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Akron Law Review

Sixth Amendment

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Full-Text Articles in Law

Edmonson V. Leesville Concrete Company: Pre-Empting Prejudice, Andrea K. Huston Jul 2015

Edmonson V. Leesville Concrete Company: Pre-Empting Prejudice, Andrea K. Huston

Akron Law Review

In Edmonson v. Leesville Concrete Co., the United States Supreme Court decided the issue of whether parties in a civil case may use their peremptory challenges to exclude black venirepersons from the jury.

This Note will discuss the various limitations that courts have placed on the use of peremptory challenges, and the position of the Supreme Court. This Note will also discuss the Court's expansion of the state action doctrine, and the impact Edmonson will have on future cases.


An Analysis Of The Legality Of Television Cameras Broadcasting Juror Deliberations In A Criminal Case, Daniel H. Erskine Esq. Jul 2015

An Analysis Of The Legality Of Television Cameras Broadcasting Juror Deliberations In A Criminal Case, Daniel H. Erskine Esq.

Akron Law Review

This work sets out the constitutional, statutory, and common law applicable to television’s intrusion into the jury room. The first section addresses federal constitutional considerations focusing on Article III Section 2, the Sixth Amendment, and the First Amendment. The second section analyzes certain federal rules and particular statutes applicable to televising federal judicial proceedings, as well as the rationale behind their enactment. Finally, the third section discusses comparative approaches addressing television’s intrusion into the courtroom, particularly focusing on recent jurisprudence from the European Court of Human Rights and the Scottish Court of Session.


Examining Crack Cocaine Sentencing In A Post-Kimbrough World, Michael B. Cassidy Jun 2015

Examining Crack Cocaine Sentencing In A Post-Kimbrough World, Michael B. Cassidy

Akron Law Review

This article examines Kimbrough’s effect on crack cocaine sentencing. Part I discusses the rise of crack cocaine use in the United States during the 1980s. Part II provides a short history on modern federal sentencing, including the Sentencing Reform Act, the Commission’s Guidelines, and its reports to Congress concerning the 100-to-1 ratio. Part III examines the Supreme Court’s recent Sixth Amendment jurisprudence through its seminal cases, Apprendi and Blakely. In Part IV, this article analyzes the Court’s Booker holding as well as Kimbrough and Gall v. United States, two cases that clarified Booker and its application to crack cocaine cases. …