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the debtor’s financial distress. But no one has a vote in an asset sale, and an antidistortion rule could misdirect debtors away from the traditional
facts are familiar to any law student: the Judiciary Act of 1801 gave John Adams the opportunity to appoint a slew of judicial officers and judges on
appeals refused even to issue a “certificate of appealability” to allow petitioner to file an appeal. Fairey, 132 S. Ct. at 2218; see also 28 U.S.C
doctrines represent a forthright attempt to deal with the problems posed by legal change and an honest acknowledgment that defendants are not always
is a certain amount of inherent ambiguity in any valuation, and, in an adversarial process, the parties will seek to exploit this ambiguity. Though
handicapped indi- viduals the meaningful access to which they are entitled.”27 To adopt the absence of an underlying disability as a qualification for
Thought and the Eighth Amendment’s Evolution, in THE EIGHTH AMENDMENT AND ITS FUTURE IN A NEW AGE OF PUNISHMENT, supra, at 11, 11-14. 195. Angela
popular illustration books,97 were all aimed to appeal to a mass audience at attractive prices. As one of the first advertisements for commodity
And indeed, I am not arguing that the Tenth Amendment has no applications in modern constitutional law. As a matter of doctrine, the anticommandeering