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selection will tend to reduce the number of granted MTDs.17 15. Party selection effects have a long history in the law-and-economics literature, with
distinction between one term of years and a shorter or longer term of years.” 17 At any given time, 2.3 million people, either awaiting trial or
longer term of years.” 17 At any given time, 2.3 million people, either awaiting trial or punishment or serving a sentence, are confined to jail
the amount of the award required by the statute,”181 it was “enough that Congress intended that the language it 174. SCALIA, supra note 15, at 17
& Benjamin Klein, The Selection of Disputes for Litigation, 13 J. LEGAL STUD. 1, 6-17 (1984). 170. See William M. Landes, An Economic Analysis of the
Yuppies, New Republic, Mar. 17… See Louis Menand, What Is “Critical Legal Studies”?: Radicalism for Yuppies, New Republic, Mar. 17, 1986, at 20, 21
than half a century later in the 2000 case Troxel v. Granville.17 The earlier trilogy had established “that there is a constitutional dimension to the
925 crimes,17 leading some to conclude that the government engaged in widespread, unjustified racial, ethnic, or religious profiling.18
are imposed, though not clearly defined, by the theory and practice of political democracy”). 15. See JOHN RAWLS, A THEORY OF JUSTICE 16-17 (rev
’”). See, e.g., Sierra Club v. U.S. Dep’t of Agric., No. 94-cv-4061, 2013 WL 811672, at 17 (S.D. Ill. Mar. 5, 2013) (dissolving injunction without