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1 THE YALE LAW JOURNAL FORUM M A R C H 2 3 , 2 0 1 8 Nonmajority Opinions and Biconditional Rules Adam Steinman abstract. In Hughes v
A.B.A. J., May 1995, at 68, 69, quoted in Manuel R. Ramos, Legal and Law School Malpractice: Confessions of a Lawyer’s Lawyer and Law Professor, 57
demo- cratic deliberation” about criminal law and procedure. 9 4. 371 F.3d 865 (6th Cir. 2004). 5. On occasion, the Sixth Circuit also uses the
1 To: All J.D. and M.S.L. Candidates at the Yale Law School From: The Yale Law Journal Volume 131 Notes & Comments Committee (Prashanta
between lawyer and client is not unique to 9/11 detention, nor are claims of a lack of meaningful lawyering. The law on ineffective assistance of
Clause itself, especially the requirement that the Constitution, laws, and treaties of the U.S. are the supreme law of the land and bind judges in
delegate lawmaking authority on the euthanasia issue (Step Zero). On the merits, the Court construed the CSA not to preempt the Oregon law (Step One).24
equal before the law.” In later decisions, the Court ruled that a poor person facing any loss of liberty must have a lawyer “so that the accused
the yale law journal 123:2 2013 2 Sonja B. Starr & M. Marit Rehavi Mandatory Sentencing and Racial Disparity: Assessing
the impact of such laws so obvious. The particulars vary substantially, making it difficult sometimes to know whether the term “TRAP law” is even