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while effectively denying them the right to challenge their detention in any tribunal anywhere, including the courts of the U.S.”67 The answer, from
matter of purely descriptive fact. But once these people have emerged from such a process, the question whether they are right about their normative
law. They therefore do not bind external parties,19 but they may, nonetheless, have the effect of altering their conduct.20 Finally, the literature
might argue that these cases do no violence to the legality principle be- cause they leave untouched the relevant statute’s underlying prohibition of
they will apply simply moves up the timeline for when proponents must seek out this information. At present, pro- ponents must determine these details
evidence bears” on many questions of a religious nature, then religious belief cannot be criticized on these grounds. There is no reason to apply the
than to discredit the Guidelines in general or to ignore the fact that Congress favors them and has played a role in their creation not grossly
a firm may develop groupthink and miss vulnerabilities while having an incentive to hide their mistakes from the outside world if they think they
members—push for transformative change in the immigration system, their proposals are often dismissed as unrealistic. There is an assumption that these
the workplace hierarchy, have no right to their job, nor any voice in dictating the conditions of their employment. They are vulnerable not only to