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only to the charged offense.9 Once the defendant invokes his right, any statements “deliberately elicited”10 by law enforcement regarding that
restrictions on access to ART.9 For same-sex couples spe- 3. On this point, see Cary Franklin, Marrying Liberty and Equality: The New Jurisprudence of Gay
interest which is (a) concrete and particularized and (b) actual or imminent, not conjectural or hypothetical.”9 Future harms are thus cognizable as
subjects as economics, sociology, philosophy, psychology, political science, literature, and history”). See Ayres & Vars, supra note 9, at 437-42
U.S. at 617-18; Lopez, 514 U.S. at 567-68. 9. 18 U.S.C. § 922(q) (2000). 10. See Brannon P. Denning & Glenn H. Reynolds, Rulings and Resistance: The
impact the LGBT community and people of color.8 They provide an incentive to at-risk individuals to avoid HIV testing due to fear of prosecution.9
REPORTERS COMM. FOR FREEDOM OF THE PRESS, AGENTS OF DISCOVERY: A REPORT ON THE INCIDENCE OF SUBPOENAS SERVED ON THE NEWS MEDIA IN 2001, at 8-9 (Lucy A
as schools and government buildings.”9 Trains and subways went unmentioned in this short list of sensitive places. Then, in Bruen, the Court struck
Common Law Originalism, 59 Stan. L. Rev. 551, 581 (2006). See Cornell, The People’s Constitution vs. The Lawyer’s Constitution, supra note 9, at 296-97
Recovering Our Freedom from Big Ag, Big Tech, and Big Money 6-9 (2020); Sophia Lam, Opinion, It’s Time to Break Up Big Tech, Gate (Oct. 20, 2019), http