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694 THE YALE LAW JOURNAL FORUM M A R C H 1 6 , 2 0 2 0 The Individual Sector: A Book Proposal Charles A. Reich Length: 50,000-75,000
2019. This Collection explores his rich life and legacy in the law and shares some of his unfinished, previously unpublished work. The Individual Sector
a basis for securing constitutional legitimacy. authors. Albert E. Jenner, Jr. Professor of Law and Director, Program in Constitutional Theory
Post, Dec. 11, 1971, at A1. 5. Memorandum from William H. Rehnquist, Assistant Att’y Gen., Off. of Legal Couns., U.S. Dep’t of Just., to Leonard Garment
news/2023/12/03/supreme-court-amicus-briefs-leonard-leo-00127497 https://perma.cc/F5D8-RGWV. 71. Cary Franklin, History and Tradition’s Equality
inspired prison guards to presume that they were terrorists who deserved to be beaten and degraded89—leading the government to settle at least one
Ellsworth, Arthur Evenchik, Sam Gross, Emma Coleman Jordan, Neal Katyal, Ellen Katz, Robin Lenhardt, Sandy Levinson, David Luban, Jim Oldham
to respect the authority of the legislature. In De Jonge v. Oregon, for example, the Court rejected the idea that the legis- lature could justify the
These practical differences lead Leiter to the uncomfortable thought that “perhaps we should simply extend legal protection for liberty of conscience
legal right. As Leiter recognizes, this practical problem of open-ended subjectivity is not true of religious claims, at least not to the same extent