Below I didn't address potential problems with Will Baude's TNR piece, because I think more importantly there is a problem with the current Supreme Court's criminal law jurisprudence. Orin Kerr of The Volokh Conspiracy does address what he believes to be problems with Will's article. That problem is that Will didn't look at the importance of Apprendi v. New Jersey.
If you want to understand this interesting discussion than you'll need to do some homework. Important further reading:
Blakely (pdf req'd)
Apprendi
Lopez
Morrison
Crawford (pdf req'd)
Wednesday, July 21, 2004
Looking at it Differently
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