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largely blocked the path of a particular group of defendants: persons convicted at courts-martial. This is because, under the Military Justice Act of
empty and bloodless thing.”); id. at 180 (“The rules . . . have not worked and cannot be made to work . . . . In attempting to use the rules we
inherent criminal jurisdiction over non-Native people unless 12. See Montana, 450 U.S. at 565. 13. See id. at 565-66. 14. Id. at 565. 15. Id
an empty and bloodless thing.”); id. at 180 (“The rules . . . have not worked and cannot be made to work . . . . In attempting to use the rules we
Reassessment, 32 SOC. HIST. ALCOHOL & DRUGS 6, 7 (2018). 23. Waxman, supra note 20. 24. Id. at 14, 16. 25. Eric Schlosser, Reefer Madness, ATLANTIC
Introduction Until this term, administrative law seemed beyond the reach of originalist scrutiny at the Supreme Court. Then, in a series of six originalist
UNDESERVING POOR: AMERICA’S ENDURING CONFRONTATION WITH POVERTY 3 (2013). 4. Id. at 194-202 (detailing the rise of “workfare”); DANIEL BÉLAND & ALEX
stake in questions of book removal or school discipline, at least rel- ative to what is at stake in denying lifesaving medical care. Advocates of
default/files /atoms/files/1-3-13tax.pdf [https://perma.cc/CAH5-5AYM]. 36. CONG. BUDGET OFF., THE BUDGET AND ECONOMIC OUTLOOK: 2018 TO 2028, at 1, 5
Federalism, 44 ARIZ. ST. L.J. 1431 (2012). negotiating conflict through federalism 2125 popular interests directly at all. But attempting to