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mandatory nature of the Federal Sentencing Guidelines, and Crawford v. Washington,17 which gave teeth to the Sixth Amendment right of confrontation. But in
attorneys failed to do, they frequently require extrarecord development.17 Consequently, the first realistic opportunity that most defendants have to raise
function.16 Still others made the ministerial determination on a loosely structured, case-by-case basis.17 Whatever their precise test, however, courts
17 Stat. 626; 11 Cong. Rec. 2351 (1881); and Act of Feb. 13, 1891, 26 Stat. 750). Accordingly, issues relating to individual aboriginal title or
What characterizes this work is that it goes beyond the mere observation that time impacts the analysis and practice of the law.17 Instead, these
observation that time impacts the analysis and practice of the law.17 Instead, these scholars observe that time is “integral to the . . . epistemology of
Clause: protection of property rights against unforeseeable regulatory change. 11. Lucas v. S.C. Coastal Council, 505 U.S. 1003, 1015-17 (1992). 12
Reservations to Multilateral Treaties: Comments on Arts. 16 and 17 of the ILC’s 1966 Draft Articles on the Law of Treaties, 27 Heidelberg J. Int’l L. 463
§ 1983 or Bivens.17 And some scholars have even recognized the conceptual difference between a Constitution that operates through nullification rules
of American immigration law;17 in Louis Henkin’s 1987 article on A Century of Chinese Exclusion and Its Progeny;18 in Hiroshi Motomura’s canonical