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thought that its view that “the empirical evidence on this issue is not conclusive” would count against the District. JA 242 n.11. It thus held
they have an incentive to exaggerate in whichever direction favors their interests: the defendant’s attorney will insist that the probability of this
between the two levels remained stable (though the ratio was higher in between those two periods). But this stability meant that the gap in the
that section 5 is not only obsolete but that its requirements do more harm today than the condition it was crafted to address. In this Essay, Professor
black jurors by asserting that they are striking them not on the basis of race, but on the basis of their perceived ideological bent. In other words
to trial by jury is constitutionally guaranteed to those accused of direct criminal contempt. It is the thesis of this Note that the current
holding that three drug sales totaling less than a gram of methamphetamine over less than one month triggered the ACCA), with North Carolina v
example, their exam scores. They are misaligned only if the aim of lining them up is to do so in a way that reflects their relative height—shortest
partisan gerrymandering.17 Indeed, the Vieth appellants themselves hardly pressed the point. Though they devoted a subsection of their merits brief to
any formal markers that set them off from ordinary legislation.7 The thought experiment that I wish to propose involves thinking of the American