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and enforcing the criminal law,’” id. at 561 n.3. (quoting Brecht v. Abrahamson, 507 U.S. 619, 635 (1993)). The Court then criticized the statute for
citation omitted). 44. Id. at 844 n.4 (citation omitted). The Obama Administration claims the ability to detain persons who are part of forces
Seamans, 401 U.S. 487, 490 n.4 (1971) (charac- terizing § 1391(e) as “enacted to broaden the venue of civil actions which could previously have been
GetAsset/NRHP/64500015_text [https://perma.cc/GE6V-GRUE]; see also Owley & Phelps, supra note 11, at 27 n.59 (taking notice of at least twenty-one
broader than commentators have recognized and allows for 79. See generally Matthew R. Christiansen & William N. Eskridge, Jr., Congressional Overrides
for example, Redmayne, supra note 7, at 172 n.19, who finds that the effects of proof burdens on harm-causing accidents, safety costs, and
conduct of subordinates); 1 OPPENHEIM’S INTERNATIONAL LAW, supra note 216, at 511 n.15 (noting the difference between liability and attribution). For an
faux-naïve allegory, the fate of “a small, beautiful, green and graceful country called Vietnam,” which “needed to be saved,” though “[i]n later
COMM. ON HOMELAND SEC. & GOV’T AFFAIRS, UNITED NATIONS DEVELOPMENT PROGRAM: A CASE STUDY OF NORTH KOREA 42 n.117 (2008), https://www.hsgac.senate.gov
showing that the results are similar in those cases. See 2012 U.S. SENTENCING COMM’N, supra note 7, pt. E, at 13 n.25. Note, in any event, that the Booker