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use of statistics at each stage is consistent with their uses at the two other stag- es, their underlying theory of statistics and evidence, and
’ failure to disclose the “true” partisan nature of their conduct. Acceptance of that theory, as one defendant reminded the Court—tapping into its
this case to ascertain the ultimate resting place of the chloroform when they would not have been able to do so had they relied solely on their naked
alchemists—to help them arrange their affairs to duck the taxes they should be paying, thereby avoiding their fair share of the tax burden. Americans
they voluntarily expose to the telephone company. If the so-called “third-party doctrine” of Smith governed this case, then there was no search at all
them by one part of the federal government to contest the decisions of another part, and, whether rightly or wrongly, they cast themselves as
describes the textual basis for the Delaware bankruptcy court’s reversal on the issue of common law ride-through. It then situates these
convicted” prisoners who imagined themselves to be rights-bearing individuals when law told them they were not. Prisoners were the pioneers in theorizing
freedwomen, depicting them as “inherently inferior” and thereby rational- izing their disenfranchisement and second-class citizenship.57 Among the myriad
rejection of the government’s property-fraud theories was at least partially driven by its desire to avoid addressing a deceit theory that turned on