The Yale Law Journal

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erts Court’s racial common sense is a tactic that allows the Court to do no more than the absolute bare minimum and, in so doing, maintain a

duct, the reason they were enacted had to do with a general disdain for nonprocreative sex.105 Dobbs’s error was to misrepresent the very state

duct, the reason they were enacted had to do with a general disdain for nonprocreative sex.105 Dobbs’s error was to misrepresent the very state

could not strip domestic abusers of their guns. Her point, and Justice Jackson’s as well, was that the “his- torical framing”98 does not do much

Seeking Equity in Electronic Monitoring: Mounting a Bearden Challenge

—discriminating against the poor and those who do not have homes or phones.” The same analysis can be applied to many other probationary conditions: a defendant may

history while undoing it, raising a key question: what does it mean for the Court to “do history”? That is the core premise and question at the heart of

Forum: History and Tradition’s Equality Problem

government could not strip domestic abusers of their guns. Her point, and Justice Jackson’s as well, was that the “historical framing” does not do much

Forum: Making History

history and traditions do not support a right to abortion, it could not resuscitate that history if doing so would offend principles of equal protection

Postconviction Settings Do Not Bar a Bearden Challenge to EM Requirements 658 B. Applying Bearden to the Underlying Costs of EM 661 iv. the way forward 663 A

Originalism-by-Analogy and Second Amendment Adjudication

American citizen reads them. This is a highly credible way to interpret the document . . . . But, for better or worse, what it cannot do is locate the text’s