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NAGIN, supra note 163). 232. See Deborah N. Archer, There Is No Santa Claus: The Challenge of Teaching the Next Generation of Civil Rights Lawyers
2, is reproduced in a footnote in the opinion of the Court, but the Court says nothing about its terms. Id. at 426 n.1. 15. Laurence H. Tribe
have presented empirical analysis in support of their conclusions. See, e.g., People v. Harris, 885 N.W.2d 832, 838-39 & n.29 (Mich. 2016) (citing a
566, 568 n.1 (2021), which contends that “capitalizing ‘Black’ . . . with- out also capitalizing ‘White’ normalizes Whiteness, while the proper noun
United States ex rel. Crews v. NCS Healthcare of Ill., Inc., 460 F.3d 853, 856 n.1 (7th Cir. 2006) (requiring presentment only for subsection (a)(1
212 THE YALE LAW JO URN AL FORUM J A N U A R Y 1 5 , 2 0 1 6 Time-In-Cell: Isolation and Incarceration Judith Resnik, Sarah
230 THE YALE LAW JO URN AL FORUM J A N U A R Y 1 5 , 2 0 1 6 Worse than Death Alex Kozinski For decades, lawyers and activists have
at A1:8 n.3, A1:27. The FSA noted this assumption was likely counterfactual, although it did not elaborate on why—presumably because the non-market
fig.11; U.S. SENT’G COMM’N, 2002 SENTENCING STATISTICS SOURCEBOOK, supra note 132, at 52 tbl.25 n.2. As a result, certain numbers in the Commission’s
than the existing method. See Prakash & Smith, supra note 7, at 78 n.15. 67. In Nixon v. United States, 506 U.S. 224 (1993), the Supreme Court