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else. These are the questions that Shapiro’s planning theory is primarily designed to answer, although it is a mistake to think that they were Hart’s
the right of a people, whether or not they already constitute a state, to choose freely their own political system and pursue their own economic
similar stories or use similar plants; they may well have traded these stories and plants among themselves, tinkering and improving all along the way
these requirements are statutory, judges have very different views about how much disclosure or definiteness the law requires, and they engage in
of these costs and benefits, and the extent to which they offset or interact with each other, the judge who knows about them is more likely to make
name a few not-so-simple goals.13 To further complicate the problem, Wilson notes, “[w]e cannot measure these things nor do we agree about their
they do not illustrate the in- sight empirically.67 Instead, the questions in their study and in that of Ha- 63. Haselswerdt & Bartels, supra note 42
time, these lawyers’ role was complicated. Many of them began their representations because of a commitment to “the cause”—though what that cause
defense cause not only in the particular cases that they litigate, but also in their own modeling of criminal defense practice norms. Stephen Bright