Law Commons^™

2011 Cardozo Life (Issue 1), Benjamin N. Cardozo School Of Law

Cardozo Life

Table of Contents:

Around Campus, page 2

Questions for Prof. Max Minzner, page 16

Faculty Briefs, page 18

An Interview with Stanley Fish, page 22

Same-Sex Marriage in the US, page 28

Standing Up to the Vatican, page 32

A Summer of Public Service, page 36

Intellectual Property: Fast Forward, page 42

Alumni News & Notes, page 49

Cardozo Advancement, page 57

Endnote, page 60

Alternative Elements, Jessica A. Roth

Articles

The U.S. Constitution provides a criminal defendant with a right to trial by jury, and most states and the federal government require criminal juries to agree unanimously before a defendant may be convicted. But what exactly must a jury agree upon unanimously? Well-established doctrine, pursuant to In re Winship, provides that the jury must agree that the prosecution has proven every element of the offense beyond a reasonable doubt. Yet what the elements of any given offense are is not as clear as one might expect. Frequently, criminal statutes—especially federal statutes—describe an array of prohibited conduct, leaving ambiguous whether …