Jan3

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  • journals
  • math


  • names, consider your group name a virtual character

choose one of the following three
king
warrior
magician

warrior - one world king - a bigger world encompassing the warrior world and the magician world magican - two worlds, able to see and move in both


where are you on the path of the law
first step first case first unschooled emotional reaction grounded in your sense of justice
next step differentiation, learning to distinguish one case from another
next able to categorize and abstract patterns from them next able to

dimension


ease your pathway through dimensions of learning

  • breyer
  • scalia

Protection of Liberty Built into Process and Privilege== Process of Law

Breyer, Active Liberty pp. 15-34
Scalia, A Matter of Interpretation pp. 3-48
The American Jury: Bulwark of Liberty
the problem of pockets of resistance to the common good
peers of the viscinage, peers of the district
trial by jury in the Massachusetts Declaration of Rights
trial by jury in the Constitution of the United States of America
racism in the Constitution of the United States of America
trial by jury in the early courts of the Massachusetts and the Nation
Akil Amar, The Bill of Rights and our Posterity
Chief Justice John Jay's Instruction to the Jury in Georgia v. Brailsford
Nullification of the Jury's Role as Check to Legislative and Executive Power
Trial by Jury Constrained by Judges: The Jury's role with respect to Law, Fact and Justice
Racism and Slave-Holding Capital: Robert Morris, Lemuel Shaw and Fugitive Slaves
Emmett Till
Swain v. Alabama
White v. Crook
Corporate Fear of Civil Juries in the Rise of Negligence and Unions
Privileges of Citizens and Their Lawyers
the privilege of privacy
the responsibility of lawyers

It was not at the time of our founding but has become a law of evidence that lawyers may not argue the injustice of a law to an American jury nor inform jurors of their power to acquit notwithstanding their conclusion that the defendant has violated the letter of the law as given them by the judge. Judges prevent lawyers from doing so by holding them in contempt of court. This threat to their physical liberty constrains the freedom of lawyers to speak on behalf of the client to the jury.

assume the role of advocate for a client asserting a liberty interest which is fundamental to him. What are the constraints upon me in carrying out my role?
ethics, my personal code, my inner sense of constraint on how i can act and be true to myself
contempt of court, the judge's weapons for enforcement against a lawyer who acts against the judge's order
what are the contemnor's rights when held in contempt by a judge?


My Cousin Vinny: Lawyer Meets Client
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