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accommodate all ethical constraints—at some point one might be forced to choose—but the tension between efficiency and other normative justifications for
claimed victory in every single game. Yale maintained both its perfect record at the Invitational, which the YLJ crew has won every year since it began
scope of the rights protected by the Due Process Clauses of the Fifth and Fourteenth Amendments. At the core of this debate is the question of whether
and Political Science at Columbia Law School and the Sidley Austin Visiting Professor of Law at Harvard Law School. Preferred Citation: Nathaniel
constitutional and treaty questions also at issue. But that would be an unfortunate omission. As the Court made clear in Ex Parte Quirin, the first
a Forum Essay, Response, Collection topic or piece at any time. YLJ Forum pieces are authored by professors, practitioners, and students, and they
Forum Essay, Response, or Collection topic or piece at any time. YLJ Forum pieces are authored by professors, practitioners, and students, and
robust view of discrimination may appear innocuous, it suffers from at least two serious flaws. First, the ECJ has significantly constrained the fiscal
faculty, and practitioners. You may submit a Forum Essay, Response, Collection topic or piece at any time. YLJ Forum pieces are authored by
awareness of how difficult it can be to identify and navigate the conflicts that we will all inevitably feel at times—as lawyers, as judges, or as