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operate in a manner at odds with the how they and their defenders often describe themselves. Part II outlines the incentives and positive theory for
within wide statutory ranges.23 Judges rarely wrote sentencing opinions or explained the reasons for their decisions,24 and there was no appellate
change that. So what is the purpose of these laws? I suggest that Right to Try laws do not themselves meaningfully alter sub- stantive law but instead
trained to know not to do. He looked police in the eye. And when he looked the police in the eye, they knew that there was a threat, because they’re
that minorities’ interests are ignored completely. A democracy, at least in theory, is government on behalf of all the people, according to their
maintains, “lies in the political foundations of the office of ownership itself.”8 i i . the ownership theory: some doubts There are at least two
” And they learn something else from their parents and other elders—that this doctrine of territorial incorporation means that the decision to extend
their disputes over the proper role of religion in public education.6 Although a legacy of Protestant influence remains, these Supreme Court decisions
What’s the human experience that they’ve had that has led them to some of the choices that they made in our jurisprudence? It’s a simple fact that
called “career-ending misconduct” during that period—roughly 2% of the 78,000 individuals the NYPD had employed. 95 They then compared these