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does more for the power and quality of federal law than would the Freund-Fletcher alternative. 9. 42 U.S.C. §§ 9601-9675 (1994). 10. 15 U.S.C
2001); Mitchell N. Berman, Constitutional Decision Rules, 90 VA. L. REV. 1, 9, 167 (2004); Henry P. Monaghan, The Supreme Court 1974 Term—Foreword
7. 440 U.S. 715 (1979). 8. Id. at 718. 9. Id. 10. Id. at 740. 11. Id. 12. Kamen v. Kemper Fin. Servs., Inc., 500 U.S. 90, 98 (1991). 13
people’s democratically elected representatives.”9 It was a domestic version of this charge, based on a belief that judicial review is inconsistent
aff ’d, 649 F. App’x 589 (9th Cir. 2016). 9. FCC v. Fox Television Stations, Inc., 556 U.S. 502, 527-28 (2009). 10. Hells Canyon All. v. U.S
from Settlement Agreement,” Flores v. Sessions, No. 85-cv-4544, 2018 WL 4945000, at 2 (C.D. Cal. July 9, 2018) (denying the Trump Administration’s
actors. The Bush Administration’s use of torture against detainees captured as part of the post-9/11 war against terrorism is a useful illustration of
Kennedy v. Louisiana, 128 S. Ct. at 2665-66 (emphasis added). 9. See Stephenson, supra note 1, at 55-58 (2008) (discussing how doctrinal uncertainty
deadlines (“drop dates”) are: February 22 at 5 PM, April 4 at 5 PM, July 9 at 5 PM, and September 12 at 5 PM. After each drop date, the Committee
K.831.IACOBUCCI.834.DOCX (DO NOT DELETE) 2/16/16 9:43 PM 831 Frank iacobucci A Tribute to My Friend, Professor Robert A. Burt