Search results for: "IF" (3817 results)
underpinning its stringency would remain valid if courts blocked its implementation in some of the twenty-three states where it was originally meant to
Journal [Vol. 113: 743 if the school administrators object on principle—perhaps religious principle—to racial integration, coeducational schooling, or
the grant of power of the Fourteenth Amendment, address educational inequality, if it sees fit to do so (thus withstanding federalism challenges
us, is to punish and deter, like the criminal law.3 But if that is so, then a deeper fundamental question looms: why are they constitutional? The
is pieced together, and how the prosecutor decides to proceed. Should he try one man and set the other free? If the first prosecution fails, will he
if legal facts are moral facts, then it should be no surprise that people can and do have theoretical disagreements. After all, we often disagree
The potential recourses for resuscitating the case are fraught and unconvincing (Part V). And if, despite all that, the Court reaches the merits
likely to vote along party lines more consistently than ever before in American history. That development gravely threatens the Court’s legitimacy. If in
legitimacy. If in the future roughly half of Americans lack confidence in the Supreme Court’s ability to render impartial justice, the Court’s power to
inflicted compensable harm (giving rise to the potential for a remedy). If “the President had attempted to remove a Director but was prevented from doing so