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to the admission of these photos. In this case, the dispute over admission of the photos consists of one question: whether they have probative value
their own judgment at the summary judgment stage, then there will often be a factual dispute sufficient to warrant a trial. In light of this fact
cabined or read narrowly. The Supreme Court then invalidated the most promising of those theories in American Express Co. v. Italian Colors
Autonomous weapons, in other words, require no human input—once activated, they possess the power to fire on their own.13 Any weapon that possesses this
how to run their lives (through the U.S. Constitution), they might do well to ask whether they will resent it if the people of California return
Constitution), they might do well to ask whether they will resent it if the people of California return the favor. Not all rights disputes lend themselves to
statistical techniques that give them a reasonable amount of confidence about their predictions, and these techniques are continually improving the accuracy
deemed irrational. In so doing, they aim to do away with the rational basis test altogether in favor of more stringent review. Their central
them are necessarily idiosyn- cratic. The purpose of this type of analysis, then, is to encourage holistic thinking about election law—theory, policy
physical patterns formed by the presentation of the provisions themselves, such as their sequencing or symmetry. And a final one—“aperture”—calibrates