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conceded that “t is too much to expect the court to go against the established and crystallized social customs.” Houston warned that we cannot depend
necessary for regional growth. We must begin by changing our images of city and suburb. As Kotkin and especially Bruegmann suggest, and other studies
—and especially of legal orders that regulate complex, pluralist societies—is legitimation. The legal order must give citizens reasons to regard its
The Shadow Powers of Article I | Yale Law Journal The Shadow Powers of Article I abstract. This essay argues that the interpretive struggle over the
noted at the outset of this Essay, harmonization can be challenging, especially with respect to the application of open-ended standards. For example
This essay is part of a collection Justice Thomas: Twenty-Five Years on the Supreme Court 2016 marked the twenty-fifth anniversary of Justice
Gibson Dunn, Miguel Estrada, filed an especially skillful brief in opposition to the government’s petition. There is hardly anything in Supreme Court
review it en banc thereafter, a practice which seems to us of dubious policy especially since, if the issue is of real importance, further opportunities
This essay is part of a collection Reactions to L. Song Richardson, i Systemic Triage: Implicit Racial Bias in the Criminal Courtroom /i This
basic principles. Instead, there are different camps: Agency-cost essentialists support governance structures that maximize accountability to the