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problems of institutional division of labor at work in criminal law and focus their attentions almost exclusively on the merits of that conduct and perhaps
However, such a broad and amorphous influence is difficult to identify in any Justice (at least since the Civil War), and there is nothing about
TO: All J.D. and M.S.L. Candidates at Yale Law School FROM: The Yale Law Journal Volume 129 Notes & Comments Committee (Briana Clark
well. Rather, it is an almost Hobbesian argument that there must be a sovereign to resolve controversies, and that such a role should be played, at
indeterminate, they cannot guide any specific resolution: something else must be at work behind the scenes. The argument that follows is an attempt to
‘anti-white.’” Yet, when asked at the Senate confirmation hearings about her judicial philosophy, Justice Sotomayor succinctly stated that it is “imple
These examples represent only a small fraction of the recent deluge of free speech challenges to economic regulation. At the same time, Fourteenth
& Hartford R.R., 276 F.2d 525, 549 (2d Cir. 1960) (Clark, J., dissental). 2. Id. at 553 (Friendly, J., concurral). 3. United States v. Stewart, 597 F.3d 514
protected, and how, in that way—with attention to precedent and explicit acknowledgment of the moral issues at stake. That, I believe, is our system, and
process” is entirely dead, buried at least since West Coast Hotel Co. v. Parrish, and also clash with the decisions of other federal courts that