Forum: Public Interests, Private Institutions? Public Policy Challenges to Tax-Free Universities

tax exemption. Nevertheless, legislators should rise to the challenge, and will find ample support in history and legal doctrine if they choose to do

how judges may do so, a wide range of plainly permissible activities remain. And in Part III, I make the case that judges are not only permitted to

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violence—and to release those who do not.”11 This is not to say that flight risk is unimportant, just that public safety has dom- inated the recent

treatment purposes, but does not require them to do so. Under the information blocking provision, unless an exception to the yale law journal forum

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mistakenly accepted or to protect against a member’s later change of heart? In most cases, it seems to us that such a right would do DAGANFINAL5.DOC

do a great deal of antidemocratic damage, accomplishing via litigation at least some of what an antidemocratic impeachment effort would have done

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prohibitions. The law does not simply lay out justification defenses as permissions to do what is generally prohibited. Rather, it recognizes that when

]; Jérôme Viala-Gaudefroy, Why Do Millions of Americans Believe the 2020 Presidential Election Was ‘Stolen’ from Donald Trump?, CONVERSATION (Mar. 3, 2024

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Empirical Study of Dispute Resolution Mechanisms: Where Do Plaintiffs Better Vindicate Their Rights?, DISP. RESOL. J., Nov. 2003-Jan. 2004, at 56, 58