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they were more attuned to policy outcomes and the real-world consequences of their decisions than may typically be assumed. Above all, the papers reveal
particular, Judge Thelton Henderson, for the conversations that shaped and inspired this Essay. Thank you also to the Yale Law Journal Forum editors
challenge to these longstanding practices and assumptions. Even those who, like Bruegmann, remain unconvinced by the new urbanists’ claim that a more “urban
were indiscriminately distributed to households earning less than $150,000. Behind the scenes as the ARPA was being drafted, though, it seemed that these
Yale Law Journal - The Origins of the Elected Prosecutor
Yale Law Journal - Giving the Constitution to the Courts Giving the Constitution to the Courts
eliminated, the whole ACA goes down with it. They argue this despite the fact that those findings are specific to one subsection, of one part, of one
constraint, perhaps on the theory that the label will increase the salience of the burden on the public. As I have argued, though, there is no
that if marginalized voices—those of people of color, queer people, disabled people, poor people—aren’t centered in our movements then they tend to
cuts across the theories offered by Eskridge and Ferejohn and those offered by Ackerman. These theories are similar in that they posit a process