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supra note 26, at 8-9. PARRISHFINAL 12/18/2002 12:03 PM 934 The Yale Law Journal [Vol. 112: 925 political, moral, and spiritual ones (equality and
leading Founders.9 He 4. 2 U.S. (2 Dall.) 419 (1793). 5. See Barnett, supra note 3, at 2592. 6. Id. at 2600-01. 7. Scott v. Sandford, 60 U.S
to an end.9 Courts’ tacit assumption that adults’ rights are irrelevant to discussions of custody seems to follow in this Kantian tradition. What
26. Id. § 182(a)(9)(A) (2006). 27. Perez v. Mukasey, 516 F.3d 770, 773 (9th Cir. 2008) (quoting 8 U.S.C. §§ 229a(b)(5)(C)(i), (e)(1)). 28. One
citizens.9 And in a pair of further judgments, the Court first ex- tinguished the ability of noncitizens detained by the federal government on im
Telecommuni- cations Corp. v. AT&T.9 That case presented the question whether the Federal Communication Commission’s (FCC’s) authority to “modify any
with men in the area of domestic violence is political work even as it is personal work. Unless the masculine psychology that condones 2. Id. at 9
unwittingly or overtly entrench patriarchy and gender domination;8 create risk of more crime;9 promote inaccuracy in criminal justice outcomes;10 encroach
scrutiny balancing test from Sherbert and Yoder,8 or a weaker version of that balancing test that resembles intermediate scrutiny.9 Still, other
courts deal with more cases than other federal cou… Troy A. McKenzie, Toward a Bankruptcy Model for Nonclass Aggregate Litigation, 87 N.Y.U. L. Rev. 9