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...Under common law, free persons born within a State or nation were citizens thereof. In the D...; (10) dividends of a corporation distributed ratably among stockholders regardless of their res... to be limited by the lack of a social consensus with regard to the issue of when life begins. Two ... of individuals whose memory might be faulty or who, in fact, might be perjurers or persons mot...We realize that it is a practical impossibility to arrange legislative districts so that each one ...
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... doctrine is causing our democratic processes to generate policy outcomes that are inferior to t...Part V concludes the Article with some discussion of potential alternative means to ...The growing consensus is that, although heuristic cues can assist low-in... political preferences are not equally distributed across the electorate, equal-dollars-per-voter reg...But the difficulty--even the impossibility--of mitigating the effects of ignorance, irrationa... actually serve to increase confidence in a faulty intuitive judgment, a phenomenon known as confirma...
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... . With regard to the first development, prior to BCRA, FE... of public confidence in the electoral process through the appearance of corruption." E.g., Fede...The two reports reached consensus, however, on certain central propositions. They ag... news story, commentary, or editorial distributed through the facilities of any broadcasting station... of the difficulty, and perhaps impossibility, of distinguishing, either as a matter of fact or ... . Austin was based on a faulty assumption. Contrary to Justice Stevens ' proposa...
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... rights by legislation classifying voters with respect to representation in the General Assembly.... apportionment in Tennessee under the Due Process and Equal Protection Clauses, and summarizing the ... standards for resolving it; or the impossibility of deciding without an initial policy determinatio..., BE IT RESOLVED, That it is the consensus of opinion of the members of this Convention that ... Georgia, whose Senate seats were distributed among forty-four single-member districts each comp...255), rests on faulty mathematical foundations, but, more basically, bec...
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...I've spoken with the minority, and we'd agreed to 15 minutes on eac... To formulate a new regulatory scheme is a process that's going to take a lot of months, a lot of con...We know the boat has a faulty steering mechanism and is being steered by captain... structure, you can imagine the impossibility of policing a vastly more extensive and complicate...And my own view is that there's a consensus forming about a two- step process in which you hav... consumer assets were securitized and distributed. This year, '08, we'll be down very significantly...
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... the danger in subsidizing other LGU services with revenue-generating PROW fees. The first is the dra... Section 253 to its rightful role in the process of ensuring a fair field of play for all competito...Contrary to the consensus view that Section 253(a) provided the basis for an... universal service funding would be distributed, but the FCC held that the requirement likely was ... as the carrier could not show the impossibility of complying with the requirement without disconti...The gross revenue formulas are faulty because they assume that each carrier occupies PRO...
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... is also revising the rules of practice with respect to multiple applications that have the sam... better focused and effective examination process to reduce the large and growing backlog of unexami... to account for the economic impossibility, in many cases, of pursuing numerous divisional ap... than protection of inventor's rights is faulty. Response: The Office did not state such a premise... application how the invention will be distributed to the public. Response: It would be very difficul... sixteen responders, and there was no consensus as to which of the four options to adopt. In addit...
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The normative concept of transparency, along with the open government laws that purport to create a transparent public system of governance, promises the moon-a democratic and accountable state above all, and a peaceful, prosperous, and efficient one as well. But transparency, in its role as the theoretical justification for a set of legal commands, frustrates all parties affected by its ambiguities and abstractions. The public's engagement with transparency in practice yields denials of reasonable requests for essential government information, as well as government meetings that occur behind closed doors. Meanwhile, state officials bemoan the significantly impaired decision-making processes that result from complying with transparency's sweeping and powerful legal mandates and complain...
...We have achieved rhetorical consensus regarding transparency's value and have generated ... absolute transparency-a logistical impossibility-a populist public that is skeptical about the oper... which Powell had relied ultimately proved faulty and the presentation of that intelligence as autho... Street Memos," internal documents distributed among high-level British government officials prio...
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Criminal prosecution has become a way to influence collective memory in cases of state-sponsored mass murders, but such efforts call for a degree of dramatization that conflicts with the traditional functions of criminal law. Some issues include abrogation of defendants' rights in the interests of social solidarity, possible distortions of historical understanding, and dangers of such cases as precedent or analogy. The responsibility and guilt may be too widespread. In addition, there may be problems in attempting to deliberately construct collective memory, and dishonesty may be required. Examples from Germany, France, Japan, Israel and Argentina are discussed.
...470 . A. Crime, Consensus, and Solidarity ....... 478 B. Solidarity Through ...) Some of these suggest the task's impossibility; others, its undesirability. First, such efforts c... of purity and grandeur by encouraging faulty analogies between past and future controversies, r... Israeli national identity in the process. By highlighting jewish resistance to the Holocaus...were distributed .. [For] these verbal constructions will tend to b...
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... review and analysis of capital case processing such as that conducted by the New Jersey Supreme C... review was not required in order to comply with the Fourteenth and Eighth Amendments to the United..., involved false and coerced confessions, faulty eyewitness identifications, and cases in which the... of murderers; (c) the near impossibility of addressing by legal rule the conscious or uncon..., and that the legislature has come to a consensus that capital punishment is an appropriate penalty ...The Tables published here were distributed to the Capital Punishment Reform Study Committee a...