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Amendment as a limitation on legislatures’ power to punish.33 If, tomorrow, every state were to enact legislation endorsing some punishment practice
funding led to excessive caseloads that prevented it from carrying out its legal and ethical obligations to indigent defendants.40 The court
left to the Court to work out in practice. The ambiguous role and amorphous boundaries of summary disposition have led to consternation and criticism
least one of the claims is valid—is 64%. Porat and Posner call this method of combining the probabilities of distinct legal claims “factual
directed the newly established Chief FOIA Officers (CFO) Council to consider the lessons learned from the DOJ pilot program and work to develop a federal
dismissed as political questions would not have prevailed on the merits. But procedural justice—the understanding that the legitimacy of a legal system
new technology, coupled with their haphazard use of language, has confused the lower courts and commentators. This confusion has led some to conclude
California has a death row larger than other states’, but it has not had an execution, or a legally authorized execution method, since the last lethal
bankrupt. . . . If we accept the thesis as to legislatures, we are left with nowhere to turn.”14 Justifying a given decision-procedure is partly a
of less than five percent, we have learned that, as- suming no racial effect, we would find a difference in white and black hiring rates at least this