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commitments would have to be considered punishment. But we have never so held.40 Although at least some procedural protections hinge on the civil
would be atomistic and there would be no market power.40 In such a market, all workers receive wages that are commensurate with labor per- formed
twilight” where the “distribution [of power] is uncertain.”40 DOJ contends that the settlement power—including the power to bind the executive branch’s
executive-branch discretion or policymaking.39 These settlements fall into the “zone of twilight” where the “distribution [of power] is uncertain.”40
Civil Courts, 40 New Eng. L. Rev. 303, 304-05 (2005) (“Arizona and Minnesota have set up self-service centers in several of their courthouses to deal
serbia; Traynor, supra note 1. See Prosecutor v. Plavšić, Case No. IT-00-39 & 40/l-ES, Decision of the President on the Application for Pardon or
See Levy, supra note 71, at 439-40. I refer to district courts here as the first-instance decisionmakers to mirror Richman and Reynold… I refer to
ical hit,” a form of “[r]evenge on behalf of the Clintons.”40 He went on to ad- dress Democratic committee members with contempt and disrespect.41 Observ
contrast, the Chapter 7 trustee is appointed to oversee the collection and liquidation of all assets,40 except for assets exempted from bankruptcy
Social Policy Perspective, 82 COLUM. L. REV. 292, 301 n.40 (1982) (calling the passage in McDonald “cryptic”); Robert S. Whitman, Note, Clearing the the