Restoring the Peers in the 'Bulwark': Blakely v. Washington and the Court's Jury Project

Abstract:     
In this Article, Professor Myers argues that the right to a jury is a mainstream value that is at the center of an evolving jurisprudence over the meaning of the Sixth Amendment. It is, perhaps counterintuitively, a mainstream value supported most powerfully not by the centrists of the Supreme Court, but by the left and right wings. He explores the Court's recent expansion of the jury right in the line of cases culminating in Blakely v. Washington and United States v. Booker and anchors it in this Symposium's consideration
of the constitutional center.

Number of Pages in PDF File: 36

Accepted Paper Series