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Pennsylvania, 1790-1870, Pa. Legacies, N… Julie Winch, Free Men and “Freemen”: Black Voting Rights in Pennsylvania, 1790-1870, Pa. Legacies, Nov. 2008, at 16
Act should be seen as a “prod.” Ewing & Kysar, , at 362 n.33. After all, the House bill was dead on arrival in the Senate, which had no incentive to
with Disabilities Act, see Bd. of Trustees of Univ. of Alabama v. Garrett, 531 U.S. 356 (2001). New York v. United States, 505 U.S. 144, 207 n.3 (1992
See Wright, supra note 12, at 153 n.225, 154; supra note 57. This is certainly true in the context of narcotics defendants with prior felony drug
Judiciary Act of 1789). For further discussion of these arguments, see infra notes 283 and 314. × See, e.g., Bray, supra note 14, at 16 n.87 (noting
828 F.3d 1083, 1088 … See, e.g., United States v. Kitzhaber (In re Grand Jury Subpoena, JK-15-029), 828 F.3d 1083, 1088 n.1 (9th Cir. 2016) (quashing
& Conventions 19 n.66 (Nw. Law & Econ. Research Paper No. 02-8, 2002). See Brooks & Rose, supra note 43, at 125. Brooks and Rose note that “the costs of
Wilder, 51 U.S. (10 How.) 477 (1850), which discusses novelty. Duffy, supra, at 289 n.52. Andrew P. Morriss & Craig Allen Nard, Institutional Choice
inter alia, the parole statute, 8 U.S.C. § 1182(d)(5) (2018), and the Immigration and Nationality Act. See Complaint at 29 n.51, 36-38, Indiana v
observation in The Moral Impact Theory of Law, supra note 2, at 1300 n.28. Of course the sign doesn’t have this upshot on its own, and it may not have