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current approaches by appellate courts are problematic for at least two reasons. As a practical matter, allowing appellate courts broad discretion to
individualized inquiry and risk assessment required to trigger that exception, if it were deemed applicable. As a result, these serodiscriminatory laws are
September 11, 2001, we visited the National Museum of Asian Art where Tibetan monks were creating a mandala out of sand as an offering for protection and
of Microsoft appeared before a federal committee and made a surprising argument: the blessings of modern technology may actually make discovery—the
already-existing alternative that avoids this problem: the open hearings of the Alien Terrorist Removal Court (ATRC). Part III proposes a compromise
Frequently, a strong Essay will still draw on historical research or analysis to advance its argument about a contemporary legal issue
operation of the sentencing system as a whole. Judges across the ideological spectrum, including, for example, Judges Lynn Adelman (E.D. Wisc.), Joseph
arguing that it demonstrated the reliability of nuclear safety systems because a major accident was averted.7 Activists also had to work against
recognized that Grace’s donations constituted concerted action, and not merely a gift. Such analysis would have allowed the court to address more
losses. People are more displeased by a loss—by about a factor of two—than they are pleased by a gain of an equivalent amount. This asymmetry where