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THE YALE LAW JOURNAL FORUM N O V E M B E R 1 5 , 2 0 2 3 abstract. introduction 1 1 navigating between "politics as usual
to make law, while their legitimacy depends on the fiction that they interpret law.3 It is a strange fiction, but it is a necessary one. The
Berman, A Common Law for This Age of Federal Sentencing: The Opportunity and Need for Judicial Lawmaking, 11 STAN. L. & POL’Y REV. 93, 95 (1999). 27
three types of federal-law claims). prison malapportionment 1255 preciated. Specifically, laws in forty-six states stipulate that residency is deter
oversight—antitrust law in 1890,35 the Pure Food and Drug Act in 1906,36 the Federal Trade Commission in 1914,37 and child-labor laws and other laws
criminal law that a telephone conversation cannot be privately recorded. Some states have an altering rule making the recording lawful if all of the
under the laws of a superior governmental authority,” meaning that common law immunity can be abrogated not only by a state’s legislature but also by
lawyers). the yale law journal pocket part 118:120 2009 124 Anonymous blogging and commentary, on the other hand, correspond to the virtual world
domain law. After the Supreme Court’s 1972 decision in Fuentes,100 numerous state supreme courts examined challenges to state eminent domain laws
47. Lawson & Kopel, supra note 1, at 291. 48. The anarchical tendencies of Lawson’s suspicion of law are noted in Larry Alexander, Proving the Law