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sure of that.19 The state and conservation group plaintiffs may have lost in AEP, but they do not have a lost 16. This conclusion is dependent upon
though their communications are private, courts must select rules that honor those expectations, even if government possesses the technology to access the
Lafler v. Cooper2 is that there were four dissents. The decisions are straightforward recognitions that the defendants in those cases received
participation in the formal law- making processes that shape their everyday lives. He and I met for the first time thirty-five years ago, at the 1985
that “courts interpret treaties for themselves.”27 Thus, even the district court in Lindh, which professed to follow Bradley’s Chevron analogy
versations that have benefited this Essay, to the editors of the Yale Law Journal for their thoughtful collaboration, and to my family for their encouragement and support. Errors ...
thus concluded that their admission at trial, through the testimony of the responding officers, was a violation of the defendant’s Confrontation
” from the New Deal era that “resonate insistently throughout White’s judicial career.”2 These principles were not fashionable in the legal academy
opponents. Yet the core ideas serve better as a summary than a definition; using them to circumscribe the theory is a mistake. That’s because originalism
violence. Was there any indication that anybody thought, when the First Amendment was adopted, that there . . . was an exception to it for