3) (arguing that the requirements of prosecutorial consent and court approval should be removed from Rule 23(a)). 388 Bed. R. Crim. P. 23(a)(3); ef. Akhil Reed Amar, The Bill of Rights as a Constitution, /00 Yale LJ. 1131, 1196-98 (1991) (suggesting that jury trial right might not be waivable). 389 Patton v. Uni

annett Co. v. DePasquale, 443 U.S. 368, 428 (1979) (Blackmun, J., dissenting in part). 216 See Patton v. United States, 281 U.S. 276 (1930). But cf. Akhil Reed Amar, The Bill of Rights as a Constitution, /00 Yale LJ. 1131, 1196-98 (1991) (mounting a strong argument against Patton and noting that before 1930 court