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upon an attacker”119—a view at odds with international humanitarian law.120 During the 1990-1991 Gulf War, President Bush granted significant discre
environment. Several recently enacted statutes attest to the 22. Pub. L. No. 88-206, 77 Stat. 392 (1963) (codified as amended at 42 U.S.C. §§ 7401
the United States, particularly at the Supreme Court, has caught the attention of other countries and their lawyers: several countries and the
restricts its attention in (at least) two ways. First, distributional egalitarianism considers only those areas of justice in which it is permissible to
the rights at issue. To avoid this effect, the Note proposes a new framework for determining whether a given type of error is “structural” and thus
forum to cloud the analysis. Finally, as a matter of institutional competence, state courts are likely superior at determining whether their attorneys
Lee, Mo- bilizing Public Opinion: Black Insurgency and Racial Attitudes in the Civil Rights Era 1-3 (2002). 38. See Carroll, supra note 6, at 1297-98
plea bargaining at almost any cost to the right to trial—without working to stake out a middle ground. I identify such a middle ground and attempt to
address the 44. See, e.g., Solum, supra note 5, at 459. 45. Justice Scalia urged this turn early on. See Antonin Scalia, Address Before the Attorney Gen
determine the original meaning of the provision at issue, then translate that meaning into the modern context. But he also suggests that meaning