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telegraphic.9 But I suspect that many readers who find NITH plausible (or more than plausible) will take that plausibility to be good evidence in favor of
SUPREME COURT PRACTICE 342 (9th ed. 2007). 9. Justice Scalia, on today’s Court, and Justices Marshall and Stevens, on previous Courts, have criticized
monetary value and isolates a single outcome. Thus, by definition, this procedure always identifies a specific level of compensation.9 The same level of
at 5, 9. After the conclusion of this case, Chipman is reported to have changed his name. See O’Donovan, supra note 1. In this Note, he will be
Association of the Bar of the City of New York: Chilling Judicial Independence (Nov. 1, 1978), in Irving R. Kaufman, Chilling Judicial Independence 9
authority. See Biden v. Nebraska, 143 S. Ct. 2355, 2375 & n.9 (2023). See, e.g., Texas, 599 U.S. at 695 (Gorsuch, J., concurring) (“If the Congress that
Regulation: Rare Endorsement of Federal Agency Sponsored State Model Legislation by American Legislative Exchange Council (Sept. 9, 2003) (on file with
yale law journal online 122:303 2013 306 role for the Justices’ “independent judgment”9 whether the punishment practice is cruel and unusual
consistent with political equality, could prevent domination by any individual or group—be it a monarch or a tribunal.9 “Public opinion sets bounds to every
Neither Party at 9-11, DeBoer v. Snyder, 135 S. Ct. 2584 (2015) (No. 14-571), 2014 WL 6998392, at 9-11 hereinafter Eagle Forum Brief; Brief of Amici Curiae