Search results for: "IF" (3032 results)
safety. Third, Coates fails to provide plausible alternatives to CBA. At times, he advocates “expert judgment,” which is an empty if not circular
us, is to punish and deter, like the criminal law.3 But if that is so, then a deeper fundamental question looms: why are they constitutional? The
Looking beyond the ACA, the implied warranty of legality should also be applied in other regulated markets with similar dynamics, or, if the ACA is
Journal [Vol. 113: 743 if the school administrators object on principle—perhaps religious principle—to racial integration, coeducational schooling, or
underpinning its stringency would remain valid if courts blocked its implementation in some of the twenty-three states where it was originally meant to
from the court decision so that if we do it, there won’t be . . . legal protests or legal objections” and describing one scholar’s suggestion that the
likely to vote along party lines more consistently than ever before in American history. That development gravely threatens the Court’s legitimacy. If in
legitimacy. If in the future roughly half of Americans lack confidence in the Supreme Court’s ability to render impartial justice, the Court’s power to
considered OHA a state agency and therefore deemed racial re- strictions on voting for OHA trustees impermissible.12 Moreover, it held that even if Kānaka
The potential recourses for resuscitating the case are fraught and unconvincing (Part V). And if, despite all that, the Court reaches the merits