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about 20% to below 2% in the federal courts and below 1% in state courts. This Article looks to the history of the civil trial to explain why the trial
INQUIRIES L. 61, 64 (2017) (discussing the period between 1945 and 1973, when income ine- quality shrank, and associated “Golden Age optimism”). 2. On the
proscribes only 237. 532 U.S. 275 (2001). 238. Id.; see also MICHAEL AVERY ET AL., POLICE MISCONDUCT: LAW AND LITIGATION § 2:7 (3d ed. 2018) (“Under Title
2160 2. Legitimacy 2162 3. Historical Practice 2165 the claims of official reason the yale law journal 129:2112 2020 2114
2160 2. Legitimacy 2162 3. Historical Practice 2165 the yale law journal 129:2112 2020 2114 B. Other Principled Objections 2167 1. Crime
United States (2021) 2434 2. Biden v. Nebraska (2023) 2437 conclusion 2441 rationalizing “absurdity” 2383 introduction Few substantive canons
134:2182 2025 2188 regulation and liability;22 (2) benefit recipients, who directly receive agency pay- ments or in-kind benefits like permits;23 and
Feb. 2, 2021), https://www.armfor.uscourts.gov/journal/2021Jrnl/2021Feb.htm https://perma.cc/2ZLE-CC57. However, at the time of writing, a habeas
traditional purposes detailed in § 3553(a)(2). Booker and § 3553(a) thus demand that federal sentencing judges exercise reasoned judgment by filtering the
to leave appreciable powers and sovereignty to the states.2 He was no handwringer, and believed in getting to the point. And as Chief, he admonished