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of Review always effectively sits en banc—there are only three judges on the court at any given time, and they always sit as a panel of three—the
them is done by my law clerks, and they incorporate the results of their research in memos that they e-mail me. When they cite a case, a statute, a
in all cases, but it is essential that courts know what their op- tions are, know what is at stake in the standard they select, and know how to
suggest that it may overstate the role of states as engines of experimentation and change. I then turn in Part III to theories about the proper
their activism has weight because it is passionate, as the issues they advance directly affect them.141 The Stoneman Douglas students not only
their activism has weight because it is passionate, as the issues they advance directly affect them.141 The Stoneman Douglas students not only speak
Indeed, the harm of their lies cannot be overstated. Had their lies not been rejected by the courts, they would have undone the results of a
they will only obey the rules when doing so benefits them.189 Legitimacy theory is a far better match than deterrence theory for the empir- ical data