2009-10 Symposium

Originalism and the Jury, with Keynote Address by U.S. Supreme Court Justice Antonin Scalia

November 17, 2009 | Saxbe Auditorium

Originalism has increasingly entered the landscape of constitutional litigation. For instance, recently in the landmark case of District of Columbia v. Heller, both the majority and dissenting opinions dedicated the bulk of their ink to attempting to discern the original meaning of the Second Amendment. Recently, originalism has also played a prominent role in shaping the mechanics of the American jury system.

The Sixth Amendment guarantees the right to a jury trial in criminal cases. In Blakely v. Washington (2004), the Supreme Court held that, in mandatory sentencing systems, the Sixth Amendment prohibits judges from enhancing criminal sentences based on facts other than those decided by the jury or admitted by the defendant. Justice Scalia’s opinion for the Court in Blakely cited to multiple 18th century sources to support the assertion that “just as suffrage ensures the people’s ultimate control in the legislative and executive branches, jury trial is meant to ensure their control in the judiciary.” Similarly, Justice Scalia relied on historical sources in Crawford v. Washington, one of the most important cases about the Confrontation Clause of the Sixth Amendment.

While the Supreme Court has used originalism to curb judicial power in favor of jury power under the Sixth Amendment, the Court has not acted similarly with respect to the Seventh Amendment civil jury trial right. This difference has occurred despite the language of the Seventh Amendment, the only part of the Constitution to refer explicitly to the “common law,” and even though the Supreme Court has directed that common law in the Seventh Amendment is the English common law in 1791. Using originalism, scholars debate whether procedures such as summary judgment and the motion to dismiss are unconstitutional and examine under what conditions a civil jury trial right exists, including whether such a right exists in complex cases.

These are some of the issues the Ohio State Law Journal will address in its upcoming symposium, Originalism and the Jury. The symposium will feature Justice Scalia as the keynote speaker.

Seating Arrangements
Please note spaces are limited and will be assigned in the order registrations are received. Registrations received after space allotments are exceeded will be returned.

CLE Credit
Five (5) Ohio CLE credits can be obtained by attending the Symposium (two for the morning session; three for the afternoon). For more information, contact the Ohio State Law Journal at (614) 292-6829 or oslj.symposium.2009@gmail.com.

Accommodations
For information on lodging in downtown Columbus near the conference, please contact the Greater Columbus Convention and Visitors Bureau at (800) 354-2657 or visit www.experiencecolumbus.com.

Parking
Parking is available in the Gateway Parking Garage located one block east of High Street between 9th and 11th avenues. Please visit www.southcampusgateway.com.

Cancelation Policy
Registrations cancelled by November 10, 2009, will receive a 50 percent refund by mail. Registrants unable to attend the symposium may designate a substitute.

Special Accommodations
The Ohio State Law Journal would like to do everything within its power to satisfy the needs of each symposium participant. Please inform us of any special accommodation requests at (614) 292-6829 or oslj.symposium.2009@gmail.com.

Previous Symposia

• 2008-09 - The Jurisprudence of Justice Ruth Bader Ginsburg: A Discussion of Fifteen Years on the U.S. Supreme Court
• 2007-08 - The School Desegregation Cases and the Uncertain Future of Racial Equality
• 2006-07 - Election Law and the Roberts Court
• 2005-06 - The Madness in the Shadows of Modern Life: Judicial Security and Politics in the 21st Century
• 2004-05 - Meeting the Challenge of Grutter: Affirmative Action in Twenty-Five Years
• 2003-04 - Equality, Privacy and Lesbian and Gay Rights After Lawrence v. Texas
• 2000-01 - Addressing Capital Punishment Through Statutory Reform
• 1999-00 - Facing the Challenges of the ADA: The First Ten Years and Beyond