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convinced. First, there is evidence that tort law deters harmful conduct, even in situations in which actors are not consciously thinking through the
Others have warned that states may eliminate state postconviction review rather than take that step.9 In this Essay I question these predictions
they were also candidates.91 There is little surprise, then, when those called upon to certify the election results often call shots or interpret
If it is not clear that the Founders thought of enumeration as more than a means to an end, then there are good reasons not to attribute that idea
them about their obligations under the circumstances they confronted. But both the Supreme Court’s insistence that plaintiffs identify prior cases
through time, often with definitions of prohibited conduct that are significantly less specific than the standard I have proposed. These include, for
impacted families. One major critique is that instead of helping children and their parents, the system further marginalizes them. This Feature
note 6, at 300-01. However, they note that this change can be mostly thought of as a transformation of the underlying functions, and therefore this
where they be- lieve that there is a fifty percent chance that they will face legal sanction for their action. This corresponds to the middle (or average