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dismisses in a footnote, id. at 296 n.13, but which might be adapted for use in situations of this sort. 14. Pro-Football v. Harjo, 284 F. Supp. 2d 96
Requests for Information Under the Electronic Communications Privacy Act, 32 Op. O.L.C. 145, 147 n.3 (Nov. 5, 2008), http:// www.justice.gov/sites
government in favor of one Rosebell N. Munyua, who sued the U.S. for its negligent handling of her asylum claim, which resulted in persecution when she
committed to the political branches. See Ludecke v. Watkins, 335 U.S. 160, 166 n.10 (1948) (“The cessation of hostilities does not necessarily end the
executes mail covers.1 1 Anuj C. Desai, Can the President Read Your Mail? A Legal Analysis, 59 CATH. U. L. REV. 315, 320 n.28 (2010) (explaining how
the yale law journal 126:170 2016 170 E R I C C H U N G The Judicial Enforceability and Legal Effects of Treaty Reservations
that the Court did not see its opinions in Doe and Smith as decisively settling the constitutional controversy over SORs. 50. BMW of N. Am., Inc. v
and the Rule of Law, 62 U. CHI. L. REV. 689, 691 n.3 (1995). For a recent critique of elected judiciaries, see James Sample et al., The New
Atlantic City, 532 F.3d 216 (3d Cir. 2008); Morales v. Jones, 494 F.3d 590 (7th Cir. 2007). 6. See, e.g., Piemonte v. United States, 367 U.S. 556, 559 n
would be. As Kate Stith and Karen Dunn have observed, “[N]o one would, as an original matter, devise [the] Rube Goldberg system” we currently have