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Yale Law Journal - Justice Breyer Throws Down the Gauntlet
Justice Breyer Throws Down the Gauntlet | Yale Law Journal Justice Breyer Throws Down the Gauntlet
reason to think that practice-based theories are justified. When practice-based constitutional theorists seek coherence in the law, what they are
President. These two steps, they argue, render Article 5 tribunals unnecessary at Guantanamo. This reading raises thorny problems of executive power and
that they do not receive, and the asserted state interests in support of the classification.8 There are thus three basic factors to be balanced: the
the President. These two steps, they argue, render Article 5 tribunals unnecessary at Guantanamo. This reading raises thorny problems of executive
competition lens is not a new way of thinking about wage theft and other labor practices: the understanding that labor-market abuses undermine fair product
many later Jewish thinkers—contains a “double anomaly” that revises this pervasive biblical approach. Describing the centralized judiciary that
Roman thought was instrumental in contributing to aspects of constitutional theory. In particular, the kernel of the separation of powers doctrine that