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Proponents of the VRA made a similar argument with regard to the poll tax. See, e.g., Rep. Moorhead, 111 Cong. Rec. H16,274 (daily ed. July 9, 1965
Cases (June 9, 2009), http://www.schumer .senate.gov/Newsroom/record print.cfm?id=314152. During her confirmation hearings, Justice Sotomayor’s Second
its constitution8 and remains free to provide criminal defendants with search- and-seizure rights above the federal floor.9 In fact, Justice William
“forced lawyers 9. Miller, 515 U.S. at 920 (quoting Metro Broad., 497 U.S. at 604). 10. Rice v. Cayetano, 528 U.S. 495, 517 (2000). 11. City of
highly opaque. Modern equal-protection law may have “forced lawyers 9. Miller, 515 U.S. at 920 (quoting Metro Broad., 497 U.S. at 604). 10. Rice v
83. Sidney Webb & Beatrice Webb, The Assize of Bread, 14 ECON. J. 196, 196 (1904). 84. Id. at 197-98; Alan S.C. Ross, The Assize of Bread, 9 ECON
361 (footnotes omitted). 5. Id. at 356. 6. Id. at 357. 7. Id. at 355. 8. Id. at 366. 9. See, for example, R.H. Coase, The Problem of Social Cost, 3
Circuit affirmed that decision, and the matter is now pending before the Second Circuit sitting en banc. The case was argued on December 9, 2008, in
incentives when uncertainty is present. 9 I refer to these penalties as “reflective” remedies because they focus on penalizing defendants by an amount
insurance plan so unattractive as to result in significant adverse selection.9 Of course, the practical impact of this exception depends on how