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Fred Wilmot-Smith, and David Wishnick, as well as to audiences at NAWPLT, NYU School of Law, Hebrew University, and the Harvard Society of Fellows
questions in general jurisprudence, and that legal systems and norms are, in fact, not interestingly distinctive from other normative systems that
serodiscrimination—is not supported by scientific evidence nor public-health rationales. This Note argues that many states’ HIV-specific criminal laws violate
Notes & Comments Committee, for continuously pushing me to make this Note better.
normative stakes. Breaking with the underpinnings of the National Labor Relations Act (NLRA), these innovative frames tend to decenter unions’ benefits
in a kind of individualism—a conviction that people should be treated as individuals, not as instances of racial types. Yet the Court has said almost
broadly and with purpose. Norms of statutory interpretation—albeit not narrowly textual ones—should police that boundary, even and especially in the
the Social Science Research Network (SSRN) and get helpful feedback from fine scholars I have never met and to whom I otherwise likely never would have
sentencing process because we do not sentence numbers—we sentence people. If we really believe that the time should fit the crime, then we need to start
Judicial Power and Civil Rights Reconsidered | Yale Law Journal Judicial Power and Civil Rights Reconsidered