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Executives’ Ass’n, 489 U.S. 602, 629 n.9 (1989) (collecting cases holding that searches and seizures need only be reasonable, not the least-intrusive
1 J U D G E J E S S E M . F U R M A N Humility in Life and Law* I had the distinct privilege of clerking for Associate Justice David H. Souter during
States”); see also Thaler v. Haynes, 130 S. Ct. 1171, 1175 (2010) (“[N]o decision of this Court clearly establishes the categorical rule on which the
n.10, 534 n.31, but they do not include the bankruptcy docket. For example, they mention a “civil federal caseload” of 470,581 for 2020. Id. at 534 n
imposes no insol- vency requirement on a debtor’s access to that proceeding. See Casey & Macey, supra note 3, at 990 n.61. To the extent courts require a
section declares that “[n]o state shall make or enforce any law which shall abridge the privileges or immunities of citizens.” Nowhere does this
partisan debates). 113. See NUGENT, supra note 61; Resnik et al., supra note 57, at 776-80. 114. See WILLIAM N. ESKRIDGE, JR. & JOHN FEREJOHN, A
Packer, supra note 43, at 62 n.16. Further, the “plight of the Negro as criminal defendant out of all proportion to his numbers in the population,” id
L. REV. 1125, 1146 n.164 (2004) (noting that the number of rent-controlled and rent-stabilized apartments has been falling since the 1970s); David W
plaintiffs but not defendants to recover attorney’s fees in private actions brought against anyone sued for violations of the assault-weapons law, “[n