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Created in Its Image: The Race Analogy, Gay Identity, and Gay Litigation in the 1950s-1970s | Yale Law Journal
actors with the most influence on final sentences—more than judges themselves. Prosecutors thereby obtained greater leverage in plea-bargaining—they could
sovereignty. Had the states delegated away authority that even theoretically extended to every possible subject of legitimate regulation, they would have
the effects of property forfeiture on individuals and their families—in particular, the infliction of financial hardship—when assessing the severity
their vote count equally. Only the Constitution can provide this power and protection. But no constitutional amendment alone can guarantee these results
to her advantage by claiming “obstruction” and then circumventing the Congress by the use of self-help. If there is a theory that better undermines a
for Parliament to tax the colonies. Prior to the Stamp Act of 1765, Dickinson argued, “every statute relating to these colonies from their first
because their foil is a theory, they operate at a level of institutional abstraction that prevents them from appreciating some of the ways in which
OLCs wrote opinions and drafted statutes; the mutually reinforcing relationship between these two activities is a major theme in this Article. This
progressivism and the progressive court There are two important themes evident in each of these writings from early Black progressives: the systemic nature