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supra note 13, at 81. 66. Id. at 69. 67. Id. at 68. 68. Id. The same debate attends the U.S. Supreme Court’s decision in Loving v. Virginia, 388
at 15 (describing New York City’s misdemeanor courts as “simultaneously interesting and atypical”). the yale law journal 128:1648 2019 1658
opportunity for institu- tional experimentation and the first major federal attempt at tripartism. Initially, as the Depression worsened, public support
8, at 453 (“[N]atural rights theory . . . failed to mark the line between protected liberty and punishable license.”). Like Hamburger, Bogen does
and not the victim”). 137. See Garvey, Punishment as Atonement, supra note 9, at 1840 (“[O]nce an offender has done everything possible to atone for
7 Over the next month, she contacted the agency’s call center at least thirteen times, attempting to complete her interview.8 During some of those
Congress and the courts may not have precisely directed. John Coates and many others sound a call for change at the SEC.1 This Essay attempts to defend
conditioning continued employment on a promise not to join a labor union. Id. at 71. 57. Id. at 70-77. 58. Purcell notes that while broad attacks consistently
90. Id. at 722 (“[R]ather than measure observed official conduct against an extrinsic legal bench- mark, the Court has endogenized the constitutional
provide pharmacologically active doses of nicotine to consumers. See KESSLER, supra note 3, at 63, for the analysis of David Adams, an FDA attorney