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also affects the costs of applying the penalty. Application costs, once a violation is found, are not always trivial. While voiding an agreement is
Application costs, once a violation is found, are not always trivial. While voiding an agreement is easy to apply, the computations that reflection requires
the case of a particular individual action. Such an approach seems difficult to apply in practice. However, as Craswell and Calfee note, “[U]nder
the right acknowledge the drawbacks of such a one-sided approach but argue there is no alternative to granting national groups what 13. Id. at 460
and the law of slavery. Elizabeth A. Reese, The Other American Law, 73 Stan. L. Rev. 555, 563 (2021). I neither attempt nor purport to cure all the
indictment alone a need for bail in an unusually high amount is an arbitrary act,” and that in the absence of evidence the bail set violated
address a question that advocates and scholars have been asking for years: Why does the Eighth Amendment bar a death sentence for an intellectually
parole eligibility was a collateral consequence about which the 56. Id. at 705. 57. Brief of Criminal and Immigration Law Professors et al. as Amici
the East South Central Census area, which consists of Alabama, Kentucky, Mississippi, and Tennessee. Azrael et al., supra note 56, at 43. A 1992
allowed defendants to assert a laches defense in addition to the six-year statute of limitations. See, e.g., A.C. Aukerman Co. v. R.L. Chaides