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To: All J.D. and M.S.L. Candidates at Yale Law School From: The Yale Law Journal Volume 129 Notes & Comments Committee (Briana Clark, Simon
has been emphatically termed a government of laws, and not of men.” ). TRIBEFINAL.DOC FEBRUARY 26, 2002 2/26/02 6:17 PM 1260 The Yale Law Journal [Vol
legislation. As Linde acknowledged, there is relatively little support in the case law for his kind of due process in lawmaking. In large part, this is
Cohn Professor of Law, University of Michigan. I would like to thank Yossi Edrey, Allen Graubard, David Hasen, Judy Herman, Don Herzog, Jim Hines, Bob
underage purchases, prohibited billboard advertising near schools, and banned all but text-only ads in print publications that † Professor of Law
and thus on the development of constitutional law. There are at least three reasons for a reexamination of the re- leased time cases from this
writings, Kaplow and Shavell have indicated that they intend to refer to this same concept.5 They contrast † Professor of Law, University of Pennsylvania
any that affected Native Americans in the 17th century. —Garry Wills, New York Times1 † Stanford Clinton Sr. Professor of Law, Director of the
202 (1965). The Yale Law Journal [Vol. 99: 187 Court stated that this requirement had placed a "crippling burden of proof"6 on defendants, rendering
† Harvard Law School and National Bureau of Economic Research. We thank the John M. Olin Center for Law, Economics, and Business at Harvard Law School for