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re-enfranchised after they had completed their sentences was a third of the overall three-year recidivism rate). 7. Id. 8. See id. (suggesting
just as surely infringe on physical liberty. This Note argues that they should: there is no good reason to exempt sentences of confinement from the
arbitration, since the employers themselves cra�ed these agreements.91 To invalidate them on these grounds, employers would have to argue that their
given the nature of that harm and the intrusion of the remedy. These inquiries, however, require case-by-case examination; they do not lend themselves to
than those who own them solely for self-protection,77 but some evidence suggests that just the opposite is true.78 The best explanation for this
III judges. In some cases, these federal district judges can be replaced at any moment. This regime, once defended on account of the distinguishing
jurisprudence of the Second Amendment as an illustration, this Article explores functional, formal, and purposivist answers. It argues that none of
decide—with their eyes wide open—whether they want to vote the proxies themselves, allow the adviser to vote them, or make some other arrangement.”75