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Faint-Hearted Fidelity To The Common Law In Justice Scalia’S Confrontation Clause Trilogy, Ellen Yee
Faint-Hearted Fidelity To The Common Law In Justice Scalia’S Confrontation Clause Trilogy, Ellen Yee
ellen yee
FAINT-HEARTED FIDELITY TO THE COMMON LAW IN JUSTICE SCALIA’S CONFRONTATION CLAUSE TRILOGY Ellen Liang Yee ABSTRACT In Giles v. California, 128 S.Ct. 2678 (2008), the Supreme Court issued the third Confrontation Clause opinion in its recent Crawford trilogy. In an opinion written by Justice Scalia, the Giles Court reiterated its interpretive approach in Crawford that the Confrontation Clause is “most naturally read as a reference to the right of confrontation at common law, admitting only those exceptions established at the time of the founding.” The Court’s decision purports to hold that a defendant does not forfeit his Sixth Amendment confrontation …