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greater authority the decision would command; 40 his concern that the Court speak authoritatively and effectively; 41 his care to avoid confron
PUNISHMENT WITHOUT CRIME: HOW OUR MASSIVE MISDEMEANOR SYSTEM TRAPS THE INNOCENT AND MAKES AMERICA MORE UNEQUAL 40-41 (2018). 6. Id. 7. ISSA KOHLER-HAUSMANN
CONSTRUCTIONS OF INFORMA- TIONAL CAPITALISM 5 (2019); see infra Part II; see also infra text accompanying note 40 (defin- ing surveillance capitalism more fully
CONSTRUCTIONS OF INFORMA- TIONAL CAPITALISM 5 (2019); see infra Part II; see also infra text accompanying note 40 (defin- ing surveillance capitalism more
“free political discussion” is necessary so that “government may be responsive to the will of the people”). Bork, supra note 40, at 23 (“Freedom for
and retrenchment. See Paul Pierson, Dismantling the Welfare State? Reagan, Thatcher, and the Politics of Retrenchment 40 (1994) (noting the difficulty
available in English, Spanish, and Haitian Creole; Login.gov, which applicants must use to access CBP One, is exclusively available in English.40 These
87, 99 (1995)). 23. See infra Section II.C. 24. See, e.g., Skidmore v. Swift & Co., 323 U.S. 134, 139-40 (1944). 25. See 467 U.S. 837, 842-44
Dred Scott Decision (May 14, 1857), in TWO SPEECHES BY FREDERICK DOUGLASS 40 (Rochester, N.Y., C.P. Dewey 1857), http://www.libraryweb .org/~digitized
Constitutional Determinations, 40 U. CIN. L. REV. 199, 209 (1971); Neal Devins, Congressional Factfinding and the Scope of Judicial Review: A Preliminary