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question cases. In fact, upon recognizing this omission, at least three circuits that had previously treated final agency action as jurisdictional in
together at the end of 2022 to pass the Electoral Count Reform Act to deter future attempts to manipulate Electoral College rules in order to subvert
information they voluntarily expose to the telephone company. If the so-called “third-party doctrine” of Smith governed this case, then there was no search at
organs of civil society, of the office itself— regardless of whoever happens to hold it at a given time. This too has come under attack. Sexual-abuse
appropriate scope, but creates better incentives than the current territorial approach and is more attuned to the commercial and privacy interests at
reflects a wide range of goals. I do not want to live in a world where there is no place for the scholar who specializes in Immanuel Kant, but at the same
27 Legal pragmatism is another approach that attempts to connect law with the real world in a way that constrains judicial choice while at the same
4. TIME-IN-CELL, supra note 3, at iii. 5. Timothy Williams, Prison Officials Join Movement To Curb Solitary Confinement, N.Y. TIMES (Sept. 2
AR2005111101645.html [http:// perma.cc/ETH7-Z4V4]. 3. Tom Curry, A Flap over Foreign Matter at the Supreme Court, NBC NEWS (Mar. 11, 2004), http
Essay was adapted from remarks delivered at Equality’s Frontiers, a panel discussion celebrating Justice Ginsburg’s gender-equality jurisprudence and