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Monday, May 21, 2007
Professor Lichtman, the JO'C is on you
Beloved CAAFlog commentator JO'C has a new piece in the Maryland Law Review: John F. O'Connor, Statistics and the Military Deference Doctrine: A Response to Professor Lichtman, 66 Md. L. Rev. 668 (2007). The article includes an endorsement of CAAF's outcome in Lane. Id. at 683.
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I stand by everything in that Article. As for its literary clarity, I will only say that I was up all night finishing it before my family was going on vacation to Disney World (try spending your first day at Disney World with two kids having had zero sleep the night before).
As for Lane, I think it was correctly decided. I would have loved to be a fly on the wall when somebody said, "I've got this great idea. Let's make a sitting Senator an appellate judge. You know, to create standing for someone to challenge what is pretty obviously a violation of the Ineligibility Clause."
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