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the Ninth Circuit is reviewing Judge Illston’s decision and con- sidering the adequacy of the Mukasey solution.40 i i i . transparency reports and
36 37 38 39 32 33 34 35 36 37 38 39 navigating between "politics as usual" and sacks of cash 40 41 42 43 44 45 40
needed.7 The difficult question is how best to allocate the scarce resources of 1. See Glossip v. Gross, 135 S. Ct. 2726, 2739–40 (2015). 2. See Wood
2001, at A17. 10. E.g., Alfred C. Yen, Introduction: Praising with Faint Damnation—the Troubling Rehabilitation of Korematsu, 40 B.C. L. REV. 1
purpose of Rule 44.1. See Doug M. Keller, Comment, Interpreting Foreign Law Through an Erie Lens: A Critical Look at United States v. McNab, 40 TEX
Federalism Accountability: “Agency-Forcing” Measures, 58 DUKE L.J. 2125, 2178-80, 2185-91 (2009); infra text accompanying notes 34-40. the yale
M. Bickel, The Supreme Court 1960 Term Foreword: The Passive Virtues, 75 HARV. L. REV. 40 (1961) (arguing for flexible, prudential application of
effective, the SEC filed contested enforcement actions against 501 defendants. Of those, 40 defendants (8%) were sued in administrative proceedings
“lawyers in criminal courts are necessities, not luxuries”). 40. Robert B. Yegge, Divorce Litigants Without Lawyers, 28 FAM. L.Q. 407, 411 (1994). 41
history became normalized very suddenly, sometime in 1935-40. I then present comparable data on every single year from 1930 through 1945, finding