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Rev. 1781, 1789-90 (2020) (“Police violence is (1) authorized by law, (2) takes various, interconnected forms, (3) that occur in routine and common
same way that powerful economic interests can capture an agency1 or any other entity that purports to exercise authority over those interests,2 so
reprinted in 2 THE BILL OF RIGHTS: A DOCUMENTARY HISTORY 911, 911-12 (Bernard Schwartz ed., 1971). 20. Amendments Proposed by the Virginia Convention
application of the dual sovereignty 1. 532 U.S. 162, 167 (2001) (internal quotation marks omitted). 2. Id. at 168; see also id. at 168 n.1 (citing cases
namely, its prohibition of so-called loan “flipping.”1 This rule forbids the refinancing of any “high-cost loan”2 within one year of its initiation
2004) (holding reporters in contempt for refusing to comply with a subpoena issued in Wen Ho Lee’s civil suit against the government). 2. THE
id. at 2, where Goodman claims that the very act of excluding some people reinfo… Nick Crossley, Key Concepts in Critical Social Theory 8 (2005). Id
before enacting 23. U.S. CONST. art. III, § 2 (“The Trial of all Crimes . . . shall be by Jury.”). 24. See New York v. United States, 505 U.S. 144
supra note 221, at 2. 238. See ALEXANDER M. BICKEL, THE LEAST DANGEROUS BRANCH: THE SUPREME COURT AT THE BAR OF POLITICS 16-23 (2d ed. 1986). 239
Section 2 of the Amendment was accordingly (and uncontroversially) designed to allow each state to choose for itself whether to allow or forbid the