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Court’s legitimacy in recent years was Bush v. Gore,17 which involved five Republican-appointed Justices effectively deliver- ing a contested
Bush v. Gore, 17 which involved five Republican-appointed Justices effectively deliver- ing a contested presidential election to the Republican
occur.15 Legal scholars have detailed path dependencies in judicial use of precedent,16 administrative expertise and resources,17 and legislative
normative components on a searching analysis of case law discussing the judicial enforceability of RUDs in both U.S. and international courts.17
Canterbury Liquors v. Sullivan, 999 F. Supp. 144 (D. Mass. 1994)). See 50 C.F.R. § 17 (2014) (“We recognize that severability clauses are frequently
the codes.17 Though the degree of unilateral authority was new, the Act’s conceptual framework of industrial coordination and “fair competition” was
granted stays in both cases. 17 The legality of these rules will almost certainly be resolved before the Supreme Court. 18 In this litigation, and the
E.1554.FRIED.1627.DOCX (DO NOT DELETE) 3/17/15 9:49 PM 1554 2 J e s s e m . f r i e d The Uneasy Case for Favoring Long-Term
”). 17. Max Rettig, Gacaca: Truth, Justice, and Reconciliation in Postconflict Rwanda?, 51 Afr. Stud. Rev. 25, 29 (2008) (“Gacaca is fueling—or at least
1746-49, 1816-17; and Joseph L. Hoffmann, Retroactivity and the Great Writ: How Congress Should Respond to Teague v. Lane, 1990 BYU L. REV. 183, 188