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Mansfieldism Reconsidered

Jon Roland
Constitution Society


August 1, 2005


Abstract:     
Examines history, using original sources, showing that the original standard of due process for jury trials was to argue all questions of law in the presence of the jury, and argues that the present practice of removing legal argument from the presence of the jury is unconstitutional.

Keywords: jury, trial, due process, legal argument, constitution,procedure

JEL Classifications: K10, K14, K40, K41

Working Paper Series

Date posted: August 16, 2005 ; Last revised: August 16, 2005

Suggested Citation

Roland, Jon, Mansfieldism Reconsidered (August 1, 2005). Available at SSRN: http://ssrn.com/abstract=776227


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Contact Information

Jon Roland (Contact Author)
Constitution Society ( email )
7793 Burnet Road #37
Austin, TX 78757
United States
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