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administration of justice.”); Geyh, Alfini & Sample, supra note 30, § 8.03 n.67 (citing examples, including a governor’s task force on the seriously
and the justice gap The Sixth Amendment to the United States Constitution requires that “[i]n all criminal prosecutions, the accused shall . . . have
171 THE YALE LAW JOURNAL FORUM N O V E M B E R 1 8 , 2 0 1 9 The Elections Clause and the Underenforcement of Federal Law Franita
enforced because it no longer controls. As Justice Field succinctly put it, “[a]n unconstitutional act is would a city, assuming it had the power to
Andrew Koppelman, Why Discrimination Against Lesbians and Gay Men Is Sex Discrimination, 69 N.Y.U. L. Rev. 197, 208-09, 214 n.64 (1994) (providing examples
62 (2023) (explaining that in Indian law cases, Justices inconsistently rely upon historical and social context since, “n Navajo Nation, Kavanaugh’s
but failing to provide any definition for that standard). See Katz, supra note 4, at 491-92, 491 n.5 (analyzing causal standards articulated by the
is by no means a certainty that land-use regulations reduce market land values.”). 76. OR. REV. STAT. § 197.352(7) (2005) (“[N]or shall the failure
Presidents Herbert Hoover,43 Franklin Roosevelt,44 and Harry Truman45 faced notably 36. See id. at 75 n.329 and authorities cited therein. 37
author). Kimberly Haven is n… Ruling and Order at 1-2, Berry v. Sanders, No. 17-cv-00318 (M.D. La. Aug. 11, 2017), ECF No. 5. Defendant’s Motion for