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the doctrine too much for granted.17 Exploring both the conti- nuities and the discontinuities in how the Court has understood the rights to freedom
coercive institutions”). 16. Id. at 174. 17. Id. at 94-95. 18. Id. at 98-103. 19. See, e.g., id. at 10; see also id. at 68-69 (“The market in legal
expertise and celebrated agency insulation from poli- tics. 17 Administrators, it was generally thought, would utilize particularized knowledge to
essentially one of legislative intent.17 Somehow, the double jeopardy protection from multiple punishments, if one ever really existed,18 morphed into the
century is funding provided for guard la- bor:17 police, prisons, and detention centers.18 Policy entrepreneurs with a focus on carceral approaches to
policy as that issue arises,17 for the representative is a vital partner in a discursive process in which repre- sentatives both respond to and help
journal 122:1594 2013 1600 i . a tale of two debtors For Michael and Christine Price and Kimberly Miller, “it was the worst of times.”17 Like
bankruptcy. FTL prohibits such transactions made before or during bankruptcy or creditor workouts.17 It provides for actions to avoid the fraudulent
171. 42. See id. 43. SCHNEIDER, supra note 1, at 130-42. 44. 478 A.2d 364 (N.J. 1984). 45. SCHNEIDER, supra note 1, at 127-32. 46. Id. at 116-17. 47
against its critics.17 I wanted to do something different: Approach the constitutional tradition with an open mind, in search of its distinctive