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the letters “as if they were retained by the parties forwarding them in their own domiciles.”338 That bailment would not expose a bailor to
There are many reasons why Gideon failed to invigorate the adversarial system. Among them, I contend, is the Court’s deep-seated fear of Gideon and
democracy initiatives part of the government lawmaking process and therefore subject to transparency and disclosure laws? Or are they, like so many
periods of unified government, then, ensures that these coalitions and the citizens they represent have their voice heard at least somewhat in
changed by statute, the Courts of the United States might be right in using their independent judgment as to what it was. But there is no such body of
make sense to say that the people author their own fundamental law—as, for instance, medieval theorists believed they could not.73 We further argue
they are nevertheless well aware of them—and they sometimes react defensively to the assaults on their honor, lashing out at the ingratitude of the
legislative accomplishments of that period and the limitations and disappointments that accompanied them. Ackerman argues that these limitations were
the soils under them" 20 within their historic boundaries.21 A series of Supreme Court decisions from 1947 to 1950, the Tidelands Cases,22 18. 44 U.S
practical matter, enforcement of these standards will not be effective unless the public understands what they are and accepts them as democratically